DECISION
of Central Election Commission
of the Republic of Azerbaijan
on consideration of the appeal # 21 of Murad Gasim oghlu Muradov nominated on to the membership of Potu municipality, dated on 18 November 2009 in Municipal Elections appointed to 23 December 2009
On November 18, 2009, Murad Gasim oghlu Muradovnominated to the municipality membership 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 Goychay Con.EC # 88, 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.
It was determined at the result of investigation that Murad Gasim oghlu Muradov lives within the territory of Goychay-Aghdash Con.EC # 89 and there is not any legal base for nominating his candidacy to the membership of Potu municipality which locates within Goychay Con.EC # 88.
Pursuant to Article 2 of Law of the Republic of Azerbaijan “on the registration on the residences and place of settlement:” and on the contract of rent and lease like an owner with the person with the ability of activity in full capacity, or on the bases implied by the legislation of the Republic of Azerbaijan, the apartment, house permanently settled or longer lived, service residences, hostels, homes of the old and disabled and the alike places are meant.
Article 212 of Election Code of the Republic of Azerbaijan refers that citizens of the Republic of Azerbaijan who aged 21 (including Election Day), who are upper than 21 and who permanently live in the relevant constituency may be elected member to the municipalities.
The law violations supposed in the appeal of citizen M.Muradov were negated via the evidences obtained at the result of investigation and they did not assert themselves.
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 Murad Gasim oghlu Muradov, inhabitant of Potu village in Goychay region is groundless, it shall not be implemented.
- Decision shall come into force from the moment 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
Oktay Humbatli |
