DECISION

of Central Election Commission
of the Republic of Azerbaijan

on consideration of the appeal # 43,  dated on 23 November 2009 of Mehman Yagub oghlu Abbasov nominated by Azerbaijan democratic Reforms Party to the membership of Shamli municipality on Gabala Con.EC # 116 in Municipal Elections appointed to 23 December 2009

On November 23, 2009, Mehman Yagub oghlu Abbasov nominated by Azerbaijan democratic Reforms Party to the membership of Shamli municipality on Gabala Con.EC # 116 related to Municipal Elections appointed to 23 December 2009, applied to Central Election Commission in written form, informing that his candidacy was illegally refused by Gabala Con.EC # 116, he 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 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 candidate to municipality membership was kept contact with; he was informed on his rights to present additional evidences and participate in the investigation.
In the result of investigation it was determined that  the number of valid 5 voters signatures was not sufficient, besides, the signature sheet was not  approved by the authorized representative of the party.
Though pursuant to Article 58.2 of Election Code of the Republic of Azerbaijan, the authorized representative was invited to the Con.EC for correcting the allowed mistakes, the representative did not use the allowed possibility without indicating any grounded reason and thus, legal consequences implied by Article 59.9 of Election Code were formed.
So, pursuant to Article 59.9 of Election Code, if signature sheets are not approved by the signs in handwriting by the person collecting signatures, as well as by the candidate, authorized representative of the political party, bloc of political parties or the sign of the authorized representative is not correct, then all the signatures in signature sheets shall be regarded invalid.
So, as the appeal of the candidate to 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:      

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