OPINION
of Mr. Nizami Nadirov, 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 entered the Central Election Commission by Gulshan Arshad gizi Aliyeva, candidate to the membership of Boyuk Bahmanli municipality on Fuzuli Con.EC # 84 related to the following Municipal Elections appointed to 23 December 2009
In Municipal Elections appointed to 23 December 2009, Gulshan Arshad gizi Aliyeva nominated on her own initiative appealed to the Central Election Commission in written form on 21 November 2009 and informed that the registration of her candidacy was illegally refused by Fuzuli Con.EC # 84 and she asked for taking relevant measures on this.
The appeal was investigated by the member of Expert Group under the Central Election Commission pursuant to Articles 112, 112-1 of 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”.
By asserting the sufficient ensuring citizens’ election rights, the Central Election Commission fully, broadly, objectively and impartially investigated the complaint of Gulshan Aliyeva within the period defined by law.
It was determined at the result of investigation that in total, 20 out of 31 voters’ signatures were regarded valid according to the opinions of the expert of Court Expertise Center of Ministry of Justice of the Republic of Azerbaijan and the specialist of General Passport, Registration and Migration Office of the Ministry of Internal Affairs.
Pursuant to Article 215.1.5 of Election Code of the Republic of Azerbaijan, each nominated citizen shall collect 30 voters’ signatures for the registration in the area the population of which is more than 4.999 persons.
Thus, as the appeal of G.Aliyeva, candidate to the municipality membership is groundless, it shall not be implemented.
Taking the above mentioned as a basis, pursuant to Articles 19.4, 28.2, 112, 112-1 of Election Code of the Republic of Azerbaijan and Item 1,2,4,6 and 7 of Instruction “on submission and investigation of complaints and appeals on violation of election rights by Central Election Commission of the Republic of Azerbaijan and constituency election commissions” I came to conclusion:
- The appeal of Gulshan Arshad gizi Aliyeva nominated on her own initiative to the membership of Boyuk Bahmanli municipality entered the CEC, dated on 21 November 2009 shall not be implemented due to the groundlessness.
- The opinion shall be published within 24 hours since its adoption (on the web page of the CEC) and its copy shall be sent to the complainer.
Member of Expert Group Nizami Nadirov
21 November 2009
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