DECISION

of Central Election Commission
of the Republic of Azerbaijan

on consideration of the appeal # 29 of authorized representative of Musavat Party, dated on 21 November 2009 in Municipal Elections appointed to 23 December 2009

On November 21, 2009, authorized representative of Musavat Party which nominated candidates to municipality membership related to Municipal Elections appointed to 23 December 2009, applied to Central Election Commission in written form, informing that Musavat Party nominated Rasim Valeh oghlu Ilyasov to sumgayit I Con.EC # 41, Vahid Bayram oghlu Shamiyev, Vidadi Gabil oghlu Feyziyev, Abbas Fakhraddin Hamid oghlu  to Sumgayit II Con.EC # 42, Ruslan Ramil oghlu Fatullayev, Server Huseyn oghlu Baghirov and Behruz Sabir oghlu Asadbayli to Sumgayit III Con.EC # 43, but their candidacies were refused to be registered by the above-mentioned Con.EC, therefore the authorized representative asked for taking relevant activities 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. 
For asserting the efficient ensuring of citizens’ election rights, Central Election Commission fully, impartially, comprehensively and objectively investigated the appeal of the authorized representative within the period defined by law.
In the process of investigation, the authorized representative was kept contact with; he was informed on his rights to present additional evidences and participate in the investigation.
At the result of investigation it was determined that though the candidacy of Abbas Fakhraddin Hamid oghlu which was claimed to have been refused from registration, was registered, the authorized representative indicated in his complaint sent to the Central Election Commission that his candidacy was also refused to be registered.
At the same time, it was determined that as while checking the voters signatures, the signatures of a part of the voters to vote to the same municipality were collected within the borders of another constituency locating in the same municipality and the Constituency Election Commissions did not properly meet the requirements of Article 215 of Election Code of the Republic of Azerbaijan, they were regarded invalid. Consequently, the number of valid signatures necessary for the registration was reduced. When Central Election Commission conducted checking, this irregularity was eliminated and the bases were formed for the registration of the candidates talked about.
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:      

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

Akif Gurbanov

Almas Gahramanli

Oktay Humbatli