OPINION
On the appeal submitted on November 23, 2009 by Mammad Haqani Asadulla, nominated by Musavat Party and investigated by Nizami Nadirov, 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 Municipal Elections appointed to December 23, 2009
On November 23, 2009, Mammad Haqani Asadulla, candidate nominated by Musavat Party to the membership of Terter municipality on Terter Constituency Election Commission # 95, 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 Terter Constituency Election Commission # 95 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.
In order to investigate the appeal in accordance with the rules defined by legislation, the candidate to municipality membership Mammad Haqani Asadulla was contacted on the phone and informed of his rights to submit additional evidences and to participate in investigation.
Taking as a basis the principle of more efficient ensuring citizens’ suffrage, the Central Election Commission investigated the appeal of Mammad Haqani Asadulla completely, thoroughly, objectively, impartially and in accordance with the periods defined by legislation.
As a result of investigation, it was determined that the appeal is grounded, it should be satisfied, the decision of the constituency election commission adopted on November 17, 2009 on refusal of registration of the candidate to the municipality membership should be cancelled, and the candidate should be registered for the membership in Terter municipality of Terter constituency election commission #95.
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 23, 2009 by the candidate to the municipality membership nominated by Musavat Party Mammad Haqani Asadulla due to the fact that the appeal grounded and to cancel the decision of Terter constituency election commission # 95 adopted on November 17, 2009;
- To register Mammad Haqani Asadulla as a candidate in Terter ConEC.
- 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 Nizami Nadirov
November 26, 2009 |
