Supreme Council Deputy Chair elected in violation of the Constitution of Adjara - საერთაშორისო გამჭვირვალობა - საქართველო
GEO

Supreme Council Deputy Chair elected in violation of the Constitution of Adjara

19 March, 2015

 

An extraordinary session of the Supreme Council (SC) of the Adjara Autonomous Republic was held on 13 March 2015 at the initiative of the United National Movement SC deputies. The election of Deputy Chair of the Adjara Supreme Council was one of the issues on the agenda. 13 deputies were registered as in attendance at the session, and the extraordinary session proceeded with work. Two candidates - Jemal Putkaradze and Medea Vasadze, both former deputies of Georgian Dream - were nominated for the Deputy Chair Speaker. Once voted for, the Chair of the Procedural and Legal Affairs Committee declared Jemal Putkaradze as Deputy Chair elected with 8 votes. The SC Chair Avtandil Beridze did not vote for the resolution on the vote, referring to the fact that pursuant to the Constitution of Adjara, 11 instead of 8 votes were required for electing the Deputy Chair.

Consequently, Avtandil Beridze has left the hall, the session was continued by the eldest deputy in the hall Medea Vasadze, following which the draft resolution on electing Jemal Putkaradze as Deputy Chair was voted for.

On March 16, Medea Vasadze challenged the legality of the resolution. Regulations require that 14 SC deputies to be registered for a session. She published the list of deputies registered at the 28 October 2012 session, when Davit Batsikadze was elected the Supreme Council Deputy Chair. She claims that election was also invalid as insufficient number of SC deputies had registered for the session.

Pursuant to Article 15.1 of the Constitution of the Adjara Autonomous Republic, the Supreme Council of the Adjara Autonomous Republic shall elect the Chairman and Deputy Chairman of the Supreme Council of the Adjara Autonomous Republic for the term of its office, under the procedure set by the Regulations, by a secret ballot, by more than half of the current nominal list. There are 21 deputies on the current nominal list of the Supreme Council, and 11 deputies are more than half. Accordingly, Putkaradze was elected with gross violation of legislation because 8 and not 11 deputies voted for him.

Transparency International Georgia believes that Jemal Putkaradze was elected at the session as the Deputy Chairman of the Supreme Council by ignoring the Constitution of Adjara, and that the adopted decision on his election lacks legal grounds.

The Constitution of the Adjara Autonomous Republic is the basic law of the Adjara Autonomous Republic. All other legal acts of the Adjara Autonomous Republic must be consistent with the Constitution of the Adjara Autonomous Republic and in case of conflict of norms, a hierarchically superior normative act, i.e. Constitution must be applied.

We find that all representatives of the authorities must respect the Constitution and discharge their statutory duties pursuant to the Constitution, especially when the legislative body and exercise of its powers are concerned.

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