HCA Vanadzor to challenge CEC’s decrees before the Administrative Court
12:14, April 1, 2017 | News, Own news | Electoral RightsHCA Vanadzor submitted to the RA Central Election Commission a number of suggestions on stopping the violations recorded during the RA NA election campaign to take measures on such violations and apply to the administrative court.
The CEC considered them as applications and refused to initiate proceedings based on them on the pretext that the said violations did not breach the Organization’s rights and it had no right to submit such applications. Considering the facts pointed in the Organization’s suggestions, the CEC initiated proceedings on its own initiative. As a result, in its decrees the CEC either found no violations of the Electoral Code or admitted that such actions were unlawful but did not consider it necessary to apply any other sanctions as the candidates had already been warned on the alleged violations and made no reference to the availability or absence of the grounds to apply to court to impose administrative sanctions on the candidates responsible for the violations.
Thus, in conflict with the legislation requirements, the Central Election Commission did not consider the availability or absence of the grounds to draft administrative violation records on a single suggestion and apply to the RA Administrative Court to impose administrative sanctions on the perpetrators and moreover, not only it gave no proper answers to HCA Vanadzor’s suggestions but gave no answers at all.
Considering the above, HCA Vanadzor applied to the RA Administrative Court to annul the CEC’s said decrees. The Court found that there were no sufficient grounds to examine the claim through special proceedings and that the claim should be examined through general claim proceedings.