DECISION
of Central Election Commission
of the Republic of Azerbaijan
on consideration of the appeal # 18 of Polad Nabi oghlu Azizov nominated on his own initiative to the membership of Nasimi municipality on Nasimi II Con.EC # 22, dated on 18 November 2009 in Municipal Elections appointed to 23 December 2009
On November 18, 2009, Polad Nabi oghlu Azizov nominated on his own initiative to the membership of Nasimi municipality on Nasimi II Con.EC # 22 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 the above-mentioned Con.EC, therefore the candidate 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 candidate 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 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, 159 out of 198 voters signatures submitted for the registration of Polad Nabi oghlu Azizov 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 grounded, the relevant decision of the Con.EC shall be annulled and the candidacy of this person shall be registered.
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:
- As the appeal #18, dated on 18 November 2009 Polad Nabi oghlu Azizov nominated on his own initiative to the membership of Nasimi municipality on Nasimi II Con.EC # 22 shall be implemented and the relevant decision of Nasimi II Con.EC # 22 shall be annulled.
- The candidacy of Polad Nabi oghlu Azizov nominated on his own initiative to the membership of Nasimi Municipality on Nasimi II Con.EC # 22 shall be registered.
- 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
Akif Gurbanov
Almas Gahramanli
Oktay Humbatli |