DECISION

of Central Election Commission
of the Republic of Azerbaijan

on consideration of the appeal # 48,  dated on 24 November 2009 of Alovsat Balamirze oghlu Aghayev nominated on his own initiative to the municipality membership in Municipal Elections appointed to 23 December 2009

On November 24, 2009, Alovsat Balamirze oghlu Aghayev nominated on his own initiative to the membership of Bilgah municipality on Sabunchu III Con.EC # 28 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, 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.
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  while stating on the property which belongs to him basing on the right of property, A.B.Aghayev deliberately hid a car in his possession, VAZ-21063 model, # 10 TR 591. 
Pursuant to Article 60.2.2 of Election Code of the Republic of Azerbaijan, incorrect formalization or lack of the information on the property which belongs to the candidate basing on the right of property is the basis for the refusal from registration.
Therewith, the signature sheets including voters signatures in support of the candidate to the municipality membership were not approved by neither candidate nor the person collecting signatures.
Though pursuant to Article 58.2 of Election Code of the Republic of Azerbaijan, A.B.Aghayev was invited to the Con.EC to correct the allowed mistakes, he did not use the provided possibility without indicating any grounded reason and thus, legal results implied by Article 59.9 of the Code were formed.
So, pursuant to Article 59.9 of Election Code, if the signature sheets are not approved in handwriting of the person collecting signature, as well as the candidate, authorized representative of the political party, bloc of political parties or if the sign of the authorized representative is incorrect, then all the signatures shall be regarded invalid.
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