DECISION

of Central Election Commission
of the Republic of Azerbaijan

on consideration of the appeal # 27 of authorized representative of Azerbaijan Hope Party, dated on 21 November 2009 in Municipal Elections appointed to 23 December 2009

On November 21, 2009, authorized representative of Azerbaijan Hope 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 Nazim Nizami oghlu Abbasov and Gafar Mahyaddin oghlu Mahmudov nominated by this party to the membership of Sumgayit municipality on Sumgayit II Con.EC # 42 were illegally refused by the above-mentioned Con.EC to be registered, 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.
It was determined at the result of investigation that the Con.EC adopted insufficiency of voter signatures as the basis of refusal from the registration. For determining the validity of voters signature, Central Election Commission invited the specialists possessing specific knowledge in this field. 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, 188 out of 200 voters signatures submitted for the registration of Nazim Nizami oghlu Abbasov and 124 out of 175 voters signatures submitted for the registration of Gafar Mahyaddin oghlu Mahmudov were regarded valid.
Pursuant to Article 215.1.1 of Election Code of the Republic of Azerbaijan, each nominated citizen shall collect 150 voters signatures for the registration in the area the population of which is more than 99.999 persons.
Thus, the appeal shall be regarded partly grounded, the relevant decision of the Con.EC in the part of the refusal from registering Nazim Nizami oghlu Abbasov shall be annulled and his candidacy shall be registered, in the part of the refusal from registering Gafar Mahyaddin oghlu Mahmudov, the decision shall be maintained without being amended.

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

Oktay Humbatli