DECISION
of Central Election Commission
of the Republic of Azerbaijan
on the consideration of the appeal # 33, dated on 21 November 2009 by Gulshan Arshad gizi Aliyeva nominated to the membership of Boyuk Bahmanli municipality on Fuzuli Con.EC # 84 in Municipal Elections appointed to 23 December 2009
In Municipal Elections appointed to 23 December 2009, Gulshan Arshad gizi Aliyeva nominated to the membership of Boyuk Bahmanli municipality on Fuzuli Con.EC # 84 appealed to the Central Election Commission in written form on 21 November 2009 and informed that the registration of her candidacy was refused by Fuzuli Con.EC # 84 without any ground 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” and relevant opinion was provided on this and it was considered at the session of the Central Election Commission.
By asserting the sufficient ensuring citizens’ election rights, the Central Election Commission fully, broadly, objectively and impartially investigated the appeal of the candidate to the municipality membership within the period defined by law.
In the process of investigation, G.A.Aliyeva was kept contact, was informed on her right to introduce additional evidences and to participate in the investigation.
It was determined at the result of investigation that in total, 22 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 215.1.1 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.A.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” the Central Election Commission shall decide:
- The appeal # 33 of Gulshan Arshad gizi Aliyeva nominated on her own initiative to the membership of Boyuk Bahmanli, dated on 21 November 2009 shall not be implemented due to the groundlessness.
- Decision shall come into force from the day 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 |