OPINION

of Mr. Tofig Hasanov, Member of Expert Group under Central Election Commission of the Republic of Azerbaijan established with the aim of investigating the complaints of actions (inactions) and decisions that violate citizens’ suffrage on investigating the appeal  dated on 23 November 2009 by Ali Mahyaddin oghlu Mahyaddinov related with Municipal Elections appointed to 23 December 2009

On November 23, 2009, >Ali Mahyaddin oghlu Mahyaddinov nominated on his own initiative to the membership of Bakikhanov municipality on Sabunchu I Con.EC # 26 related to Municipal Elections appointed to 23 December 2009, applied to Central Election Commission in written form, informing that his candidacy was illegally refused by the above-mentioned Con.EC, he asked for taking relevant activities defined by law. 
As the appeal was legally compiled pursuant to Election Code and “Instruction on the rules for submitting complaints and appeals related to violating suffrage to Central Election Commission and Constituency Election Commissions and considering them” and submitted in the defined period, it was accepted to investigation.
In the process of investigation, complainer Ali Mahyaddinov was kept contact with and informed on his rights to present additional evidences and participate in the investigation.
At the result of investigation, as the appeal was determined to be grounded, it shall be implemented, the Con.EC decision on the refusal from registration shall be annulled and the candidacy on the membership of Bakikhanov municipality in Sabunchu region shall be registered.
By considering the above-mentioned, pursuant to Articles 19.4, 28.2, 112, 112-1 of Election Code of the Republic of Azerbaijan and Instruction “on the rules for submitting complaints and appeals related to violating suffrage to Central Election Commission and Constituency Election Commissions and considering them”, I came to conclusion:

1. As the appeal, dated on 23 November 2009 of Ali Mahyaddin oghlu Mahyaddinov is grounded, it shall be implemented and the relevant decision of the Con.EC shall be annulled.
2. The candidacy of Ali Mahyaddin oghlu Mahyaddinov to the membership of Bakikhanov municipality in Sabunchu region shall be registered.
3.  The opinion shall be published within 24 hours since its adoption (it shall be located on the web site of the Central Election Commission) and its copy shall be sent to the complainer.

Member of Expert Group                                                    Tofig Hasanov
26 November 2009