DECISION
of Central Election Commission
of the Republic of Azerbaijan
on consideration of the appeal # 13 of authorized representative of Musavat Party in Municipal Elections appointed to 23 December 2009
On November 13, 2009, Gulagha Aslanli, authorized representative of Musavat Party which nominated candidates to municipality membership related to Municipal Elections appointed to 23 December 2009, applied with written appeal # 13 to Central Election Commission, informing that Aliguliyev Elkhan Hajiı oghlu nominated to the membership of Galaghayin municipality on Sabirabad first Con.EC # 63 was exposed to pressure in the aim of withdrawal of his candidacy and requested to undertake appropriate measureson this defined by law.
Pursuant to Article 112 and 112-1 of Election Code of the Republic of Azerbaijan and Instruction “on rules for submission and consideration complaints and appeals on violation of voting rights by Central Election Commission and Constituency Election Commission”, a member of an expert group established within the Central Election Commission investigated the appeal of the authorized representative and provided relevant opinion on it which was considered at the meeting of Central Election Commission.
At the result of investigation, it was defined that the nomination of Elkhan Haji oghlu Aliguliyev was approved by the Con.EC within the period defined by law on 7 November 2009 and he was provided with signature sheets for the collection of voters’ signatures in support of the candidate. Signature sheets and other documents necessary for the candidate registration were not submitted to the Con.EC until 13 November 2009, 18.00, therewith the Con.EC did not receive any information on the exposal to illegal oppression related to the candidacy withdrawal. Meanwhile, the application addressed to the Con.EC by E.H.Aliguliyev points out that he did not return the documents on candidate registration basing on his own will and had not any complaint on this.
In general, any fact on the candidacy withdrawal does not exist and no any evidence proving this case was not introduced by the authorized representative.
Thus, according to the above-mentioned, the application of the authorized representative shall not be implemented due to its groundlessness.
Taking the above mentioned as a basis, pursuant to Article 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” the Central Election Commission shall decide:
- The appeal # 13 of Mr. Gulagha Aslanli, authorized representative of Musavat Party, dated on 13 November 2009 shall not be implemented due to the groundlessness.
- Decision shall come into force from the moment of its publication.
CEC Chairman: Mazahir Panahov
CEC Deputy Chairman: Svetlana Gasimova
CEC Secretary: Natig Mammadov
CEC Commissioners:
Fuad Javadov
Ramiz Ibrahimov
Valida Kazimova
Gabil Orujov
Tofig Hasanov
Ilham Mammadov
Nizami Nadirov
Azer Taghiyev
Tamam Jafarova
Rovshan Ismayilov
Almas Gahramanli
Oktay Humbatli |
