DECISION
of Central Election Commission
of the Republic of Azerbaijan
on consideration of the appeal # 28, dated on 21 November 2009 of Tunzale Aladdin gizi Maharramova, candidate to the municipality membership in Municipal Elections appointed to 23 December 2009
On November 21, 2009, Tunzale Aladdin gizi Maharramova nominated to the municipality membership on Nizami II (Ganja) Con.EC # 38 related to Municipal Elections appointed to 23 December 2009, applied to Central Election Commission in written form, informing that her candidacy was illegally refused by the above-mentioned Con.EC, 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 candidate within the period defined by law.
It was determined at the result of investigation that the candidate submitted the documents to the Con.EC after the period implied by Article 58.1 of Election Code of the Republic of Azerbaijan, at most 65 days and at least 40 days prior to the voting day (till 18.00), i.e. on 13 November, at 18.40. Pursuant to Article 58.4 of this Code, after the deadline implied, the submitted documents shall not be received.
As the relevant decision of Nizami II (Ganja) Con.EC # 38 on not considering the documents for the registration submitted to the Con.EC by T.A.Maharramova nominiated on her own initiative is legal and grounded, it shall be maintained without being amended, the appeal 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:
- The appeal # 28, dated on 21 November 2009 of Tunzale Aladdin gizi Maharramova, candidate to the municipality membership shall not be implemented due to its groundlessness.
- 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
Almas Gahramanli
Oktay Humbatli |
