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Article 176
 

Conduct of By Elections in a Constituency during Elections to the Milli Majlis.


176.1. In the case grounds defined in Articles 89.1.2 and 89.1.5 of the Constitution of the Republic of Azerbaijan exist, the Central Election Commission shall issue a decree on disenfranchisement of the deputy elected from a single-mandate constituency of his/her mandate according to Article 175.3 of this Code, not later than 2 days after the relevant appeal (official information) is received.


176.2. If the Central Election Commission receives an application (official information) concerning the circumstances specified in Article 89.1.4 of the Constitution of the Republic of Azerbaijan, the Central Election Commission shall consider the facts indicated in the application (in the official information) within a period not more than 2 months, make a decision, and may create a group of specialists in this regard.


176.2-1. The Central Election Commission shall adopt a relevant decision no later than 15 days after receiving an official information concerning the cases defined in the Articles 89.1.6 and 89.1.7 of the Constitution of the Republic of Azerbaijan upon the discussion of that official information.


176.3. In cases mentioned in Articles 89.1.2, 89.1.4, 89.1.5, 89.1.6 and 89.1.7 of the Constitution of the Republic of Azerbaijan, the deputy shall be considered deprived of his/her mandate, effective the date the Central Election Commission makes the relevant decision. In circumstances indicated in Articles 89.1.1 and 89.1.3, if there is a relevant court decision (verdict), the deputy shall be considered disenfranchised of his/her mandate from the date the relevant decree (verdict) enters into force.


176.4. By-elections shall be held in the relevant single mandate constituency in the manner specified in Article 145 of this Code, within a month “(excluding the cases when a deputy appeals to the court against the decision of the Central Election Commission on the deprival of a mandate) after a mandate has become vacant. In the cases when a deputy appeals to the court against the decision of the Central Election Commission on the deprival of a mandate, by-elections on the relevant single-mandate election constituency shall be appointed depending on the results of the court decision.


176.5. A deputy may not act as a candidate, when by-elections are conducted for vacant deputy mandates.


176.6. During by-elections in a single-mandate constituency, nomination of candidates, their registration, and other electoral actions shall be carried out in accordance with the rules established by this Code.