ON THE DISPUTE ON THE RESULTS OF THE NATIONAL ASSEMBLY ELECTIONS BY MAJORITARIAN SYSTEM IN CONSTITUENCY # 13

Yerevan, June 22, 1999

The Constitutional Court of the Republic of Armenia chaired by the President of the Constitutional Court G. Harutiunian, represented by the Deputy President of the Constitutional Court V. Hovhannissian and the Constitutional Court Members A. Gyulumian, F. Tokhian, R. Papayan, V. Poghossian, V. Sahakian and M. Sevian,

with the participation of

the plaintiff Isabella Muradian, the candidate for deputy of the Republic of Armenia National Assembly elections by majoritarian system in constituency # 13, and her representatives Mary Karapetian and Naira Shovgarian,

the respondent Artiom Movsessian and Mkrtich Tigranian, the representatives of the Yerevan Electoral Commission,

pursuant to Paragraph 3 of Article 100 and to Paragraph 3 of Article 101 of the Constitution of the Republic of Armenia, Paragraph 3 of Article 5, Paragraph 3 of Article 25 and to Articles 57 and 21(1) of the Republic of Armenia Law “On the Constitutional Court”,

considered in a public hearing , through the written procedure, the case “On the dispute on the results of the National Assembly elections by majoritarian system in constituency # 13 ”.

The case was initiated by the candidate for deputy of the Republic of Armenia National Assembly elections by majoritarian system in constituency # 13 Isabella Muradian’s petition filed with the Constitution Court.

The petitioner requested to annul the results of the RA National Assembly elections by majoritarian system in constituency # 13 in Yerevan in conformity with Paragraph 3 of Article 100 of the RA Constitution.

Having heard the report of V. Hovhannissian, the Deputy President of the Constitutional Court and the reporter of the case, having examined the explanations and clarifications of the parties to the proceedings and having investigated the existing documents of the case, the Constitutional Court of the Republic of Armenia

FINDS:

1. Summerizing the results of the Republic of Armenia National Assembly elections by majoritarian system in constituency # 13 held on May 30, 1999, the Yerevan Electoral Commission adopted a decision that A. Sadoyan had been elected as a deputy of the National Assembly on June 3, 1999.

In her petition presented to the Constitutional Court, the candidate contending for a seat in the National Assembly in the same constituency Isabella Muradian contended that the Yerevan Electoral Commission had violated the provisions of Articles 116 and 62 of the RA Electoral Code and had, while summerizing the election results, ignored such facts as voters’ names missing from the voters lists, casting ballots for citizens absent from Yerevan by forging their signatures, including the person’s name twice in the voters list, failure to include in the voters lists the names of persons officially registered at their residences and other violations.

2. In the respondents’ estimation, the applicant’s arguments did not give sufficient grounds to annul, in conformity with Paragraph 5 of Article 116 of the RA Electoral Code, the results of the election by majoritarian system in constituency # 13 in Yerevan. The respondents’ contention was that the arguments primarily dwelt on the inaccuracies in the voters lists and that those inaccuracies could have been corrected following the procedure stipulated by law.

3. The examination of the case in the Constitutional Court ascertained that the arguments listed in the petition of the candidate for deputy of the National Assembly Isabella Muradian could not affect the election results and were related to such circumstances, which, in the petitioner's opinion, could also be accounted for by the flaws of the RA Electoral Code, or by factual circumstances of individual violations.

At the same time, having scrutinized the final protocols # 7 of the electoral commissions of the electoral precincts # 0155, 0156, 0157, 0158, 0159, 0160, 0161, 0162, 0163, 0164, 0165 and 0166 of constituency # 13 in Yerevan, the Constitutional Court stated that the number of inaccuracies in constituency # 13 which could be qualified as such on the basis of Article 60 of the RA Electoral Code does not exceed the difference between the ballots cast for two candidates who received the maximum ballots.

According to the report (# 5/29-99 dated June 18, 1999) received from the RA General Prosecutor’s Office, the reported facts of violations in constituency # 13 in Yerevan are being investigated by the Prosecutor’s Office.

Proceeding from the results of the case, hearing and adhering to Paragraph 3 of Article 100 and to Article 102 of the Constitution of the Republic of Armenia, to Paragraph 3 of Article 5 and to Articles 57, 67 and 68 of the Republic of Armenia Law “On the Constitutional Court”, the Constitutional Court of the Republic of Armenia