Download file    
 
 
Article 135
 

Declaring the elections of Council of Elders of a community held through proportional electoral system as void 



1.The elections of Council of Elders of a community held through proportional electoral system shall be considered as void, where: 




(1)no political party (alliance of political parties) has been nominated within the time limit and in the manner prescribed by this Code for registration of electoral lists of political parties (alliances of political parties) running in elections, or; 




(2)no political party (alliance of political parties) has been registered (registration has been rejected) within the time limit and in the manner prescribed by this Code; 




(3)all political parties having nominated candidates have submitted an application for recusal after the time limit prescribed by this Code for registration; 




(4)the total number of candidates included in the electoral lists of political parties (alliances of political parties) is less than the number of members of the Council of Elders of a community prescribed by this Code, and the list of candidates has not been completed in the manner and within the time limit prescribed by part 2 of Article 130 of this Code; 




(5)the 2/3 of Council of Elders of a community has not been formed as a result of distribution of mandates in the manner prescribed by this Code. 




2.A new election shall be called on the last Sunday of the forty-day period following the entry into force of the decision of the electoral commission on declaring the election of the Council of Elders of a community held through the proportional electoral system as void in the case provided for by point 1 of part 1 of this Article. In case of declaring the election as void in the manner prescribed by this part, the relevant electoral commission shall, by the same decision,call a new election. 




3.Where no appeal has been lodged with the court against the decision of the electoral commission on declaring the elections as void in the case provided for by point 2 of part 1 of this Article, the relevant electoral commission shall call new election on the fifth day following entry into force of the decision. 




4.Where an appeal has been lodged with the court against the decision of the electoral commission on declaring the elections as void in the case provided for by point 2 of part 1 of this Article, and the decision was upheld by the judicial act of the administrative court or a decision has been adopted on rejecting the statement of claim, the electoral commission shall call new election on the fifth day following entry into force of the judicial act.  




5.In cases provided for by parts 2-4 of this Article the new election shall be held on the last Sunday of the forty-day period following entry into force of the decision of a relevant electoral commission on calling a new election.  




6.Where an appeal has been lodged with the administrative court against the decision on declaring the elections as void in the case prescribed by point 2 of part 1 of this Article, and the decision of the electoral commission was abolished by the judicial act of the administrative court, and the grounds for declaring the elections as void have been eliminated, the elections terminated due to declaring the elections as void following the entry into force of the judicial act, shall continue from the date of termination in compliance with the schedule of the main measures for preparation and holding of the given election.  




7.In case the elections of the Council of Elders of a community held through proportional electoral system is declared as void, the new election shall be held with a new nomination of candidates, in the procedure prescribed by this Code for an early election. The procedure for election (proportional or majoritarian) cannot change in case of calling a new election. 




8.The relevant electoral commission shall have the right to change, upon a substantiated decision, the calculation of time limits for performance of certain activities conditioned by the necessity to properly organise the resumed election and to establish a new schedule of the main measures for preparing and holding of the process of resumed elections.