THE GEORGIAN LABOUR PARTY v. GEORGIA JUDGMENT
7
have affected the final results. By a majority vote, the Chairman’s proposal
to approve the vote tally was accepted and the relevant Ordinance
(no. 94/2004) was adopted on the basis of Articles 64 and 105 of the EC.
30. On 22 April 2004 the newly elected parliament convened for its first
session. After several weeks of tension, the Head of the AAR,
Mr A. Abashidze, stepped down on 6 May 2004, fleeing the country.
C. Remedies pursued by the applicant party
1. Proceedings before the Supreme Court
31. On 20 April 2004 the applicant party appealed to the Supreme Court
against Ordinance no. 94/2004 (see paragraph 29 above). Alongside the
main claim for annulment of the Ordinance in question, the applicant party
asked the court to apply an interim measure whereby Parliament would be
forbidden from convening for its first session until the dispute had been
resolved. The applicant party argued that, if Parliament convened, it would
become impossible to enforce the judgment should the court find in the
applicant party’s favour. On 20 April 2004 the Supreme Court declared the
claim admissible but refused to apply the requested interim measure. It
reasoned that the claim could not have any suspensive effect under
Article 77 § 3 of the EC and noted that, pursuant to Article 51 of the
Constitution, the first sitting of a newly elected parliament was to be held
within twenty days of the finalisation of the election results.
32. The applicant party submitted four major arguments to the Supreme
Court, which dismissed its claim on 26 April 2004.
33. Firstly, the applicant party challenged the rules on the composition
of electoral rolls. It claimed that many eligible voters who had failed to
comply with the procedure for preliminary registration had been refused the
right to cast their votes on election day. At the same time, the obligation to
register in advance had created a kind of carousel to facilitate ballot fraud in
which some voters could register in different electoral precincts and thus
cast their vote more than once. As a result of those irregularities, the
applicant party claimed that it had lost votes. It also complained that the
CEC had not had competence to change the rules on the composition of
electoral rolls, this prerogative being reserved solely for Parliament, which
alone was entitled to make the relevant legislative amendments to the EC. In
the applicant party’s view, the fact that many voters had been refused the
right to vote because of the new rules, and that the Government had total
control over the electoral administration, had allowed the election results to
be rigged. Based on statistical data about high voting activity across the
country at particular times, provided by its representatives in the electoral
commissions of the Kvemo Kartli, Meskhet-Javakheti and Ajarian regions,
the applicant party claimed that vote-riggers had fraudulently cast around