DECISION
of Central Election Commission
of the Republic of Azerbaijan
on consideration of an appeal # 75 of December 18, 2009
submitted by the group of candidates to the membership in Duyarly municipality in municipal elections appointed to December 23, 2009
On December 18, 2009 the candidates running for membership in Duyarly municipality of Shamkir village election constituency # 99 Tagiyev Zakir Qadim and others applied to the Central Election Commission of the Republic of Azerbaijan with a written appeal sating that a candidate nominated to run for membership in Duyarly municipality Jafarov Vahid Fazil and other candidates conduct illegal pre-election campaign. The applicants requested to undertake appropriate actions regarding the above mentioned facts.
As the appeal corresponds to the requirements of Articles 112 and 112-1 of Election Code of the Republic of Azerbaijan and Instruction “on rules for filing and processing of complaints and appeals on the violation of election rights by the Central Election Commission of the Republic of Azerbaijan and constituency election commissions”, a member of the expert group, established within the Central Election Commission, investigated the appeal and made an appropriate opinion which was considered on the meeting of the Central Election Commission.
Taking as a basis the principle of more efficient ensuring citizens’ suffrage, the Central Election Commission investigated the appeal of the candidate to municipality membership completely, thoroughly, objectively, impartially and in accordance with the periods defined by legislation.
As a result of investigation it was determined that the appeal shall be satisfied and sent to the relevant constituency election commission.
Thus, during municipal elections, the pre-election campaign is conducted by authorizes persons on the territory of the same municipality and according to Article 32.4.3, a constituency election commission shall supervise, within the constituency, for equal exercise of pre-election activities of candidates for municipality membership. Therefore, the appeal should be sent to the relevant constituency election commission.
Pursuant to Provision 8.6 of the above mentioned Instruction, decision on forwarding the complaint to the relevant agencies must be made, if the processing of a complaint received is not under the jurisdiction of a respective commission.
Based on the statements mentioned above and in accordance with Articles 19.4, 28.2, 112 and 112-1 of Election Code of the Republic of Azerbaijan and the Instruction “on rules for filing and processing of complaints and appeals on the violation of election rights by the Central Election Commission of the Republic of Azerbaijan and constituency election commissions”, the Central Election Commission of the Republic of Azerbaijan decides:
- To satisfy the appeal # 75 of December 18, 2009 submitted to the Central Election Commission by the candidates Tagiyev Zakir Qadim and others and to send it to Shamkir village election constituency 99 due to its competence for further investigation;
- The decision comes into force from the day of its publication.
Chairman Mazahir Panahov
Secretary Natiq Mammadov
Members Fuad Javadov
Ramiz Ibrahimov
Valida Kazimova
Qabil Orujov
Tofiq Qasanov
Ilham Mammadov
Nizami Nadirov
Azer Tagiyev
Tamam Jafarova
Rovshan Ismayilov
Oktay Humbatly |
