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Article 459
 

Disputing before Administrative Court


(1) Each candidate for a municipal councillor or mayor, the central leaderships of the parties competent under the statute, and the leaderships of the coalitions of parties competent under the decision on the formation of the coalition, and the person representing the nomination committee who and which have registered candidates for the respective type of elections , may dispute the decision of the municipal election commission determining the election results before the competent administrative court within seven days after the said decision is made public.
(2) Any such appeal shall be lodged in duplicate by the municipal election commission. Any such appeal must be written in Bulgaria and must state the names and the address, telephone number, telefax number or electronic mail address.
(3) The municipal election commission shall transmit the appeal and the correspondence thereon to the competent administrative court within three days after the receipt of the said appeal together with the decision which is disputed.
(4) The appeal shall not stop the enforcement of the decision, unless the court rules otherwise.
(5) The court shall schedule an open hearing of the case within seven days after the receipt of the appeal.
(6) (Amend. - SG 21/19, in force from 12.03.2019) The time limits as per the Administrative-Procedure Code and the Code of Civil Procedure for removing irregularities from the complaint, submitting a written response to the complaint, presenting an expert opinion and summoning the parties shall not apply. The court may set a time limit for taking a procedural action, which may not be shorter than one day and longer than three days.
(7) (Amend. - SG 21/19, in force from 12.03.2019) The court shall pronounce on the legal conformity of the decision of the Municipal electoral commission within 14 days from the initiation of proceedings, considering only the circumstances referred to in the complaint filed within the term under Para. 1.
(8) (Amend. - SG 21/19, in force from 12.03.2019) The court’s decisions and determinations in the proceedings may be challenged before the Supreme Administrative Court within 7 days from the notification of the parties.
(9) The Supreme Administrative Court shall pronounce on the appeal within 14 days after the receipt of the said appeal at the court.
(10) (Amend. and suppl. - SG 21/19, in force from 12.03.2019) The court may confirm the decision of the municipal election commission or may declare the election invalid. If the court establishes a result diverging from the result recorded in the tally sheet of the municipal election commission by reason of a technical error, a calculation error, or incorrectly defined municipal election quota or preferences, the court shall revoke the decision and shall return the papers to the respective municipal election commission for declaration of the correct results.
(11) The proceeding before the competent administrative court and the Supreme Administrative Court shall be concluded within two months after the lodgement of the appeal.