OPINION
On the appeal submitted by Jafarov Telkhan, personally nominated his candidacy in Bala Behmanly municipality of Fuzuly ConEC 84, and investigated by Tofiq Hasanov, member of the Expert Group established within the Central Election Commission of the Republic of Azerbaijan with the aim of investigation of complaints on actions (inactions) and decisions violating citizens’ suffrage and related to the municipal elections appointed to December 23, 2009.
On November 21, 2009, a candidate who personally nominated his candidacy to the membership in Bala Bahmanly municipality of Fuzuly constituency # 84 Jafarov Telkhan Allahverdi, applied to the Central Election Commission of the Republic of Azerbaijan with a written appeal, related to municipal elections appointed to December 23, 2009, stating that the ConEC mentioned above illegally refused to register him as a candidate and requested to undertake appropriate measures defined by law.
As the appeal was compiled in accordance with Instruction “on rules for filing and processing of complaints and appeals on the violation of election rights by the Central Election Commission of the Republic of Azerbaijan and constituency election commissions”, it was accepted for investigation.
Taking as a basis the principle of more efficient ensuring citizens’ suffrage and for the purpose of investigation of the appeal, Jafarov Telkhan Allahverdi was contacted on the phone and informed of his rights to submit additional evidences and to participate in investigation.
As a result of investigation, it was determined that the appeal is grounded, it should be satisfied, the decision of the constituency election commission on refusal of registration of Jafarov Telkhan Allahverdi to the municipality membership should be cancelled, and the candidate should be registered for the membership in Sumgait municipality of Sumgait city.
Based on the statements mentioned above and in accordance with Articles 19.4, 28.2, 112 and 112-1 of Election Code of the Republic of Azerbaijan and provisions 1,2,4,6, and 7 of the Instruction “on rules for filing and processing of complaints and appeals on the violation of election rights by the Central Election Commission of the Republic of Azerbaijan and constituency election commissions”, I came to opinion:
- To satisfy the appeal submitted on November 21, 2009 by the candidate to the municipality membership Jafarov Telkhan Allahverdi due to the fact that the appeal grounded and to cancel the appropriate decision of the constituency election commission;
- To register Jafarov Telkhan as a candidate to Bala Bahmanly municipality of Fuzuly ConEC 84.
- The opinion shall be published within 24 hours from the moment of its adoption (on the web site of Central Election Commission) and a copy should be sent to the applicant.
Expert group member Tofiq Hasanov
November 26, 2009 |
