THE GEORGIAN LABOUR PARTY v. GEORGIA JUDGMENT 35 guaranteeing the electoral bodies’ independence and impartiality (see paragraphs 68-69 above). Ultimately, the raison d’être of an electoral commission is to ensure the effective administration of free and fair polls in an impartial manner, which, in the Court’s opinion, would be impossible to achieve if that commission becomes another forum for political struggle between election candidates. 109. The Court notes, however, that the applicant party did not submit any evidence that the presidential majority in the electoral commissions had misappropriated the votes cast in its favour or otherwise limited its rights and legitimate interests during the repeat parliamentary election. The applicant party’s reference to the 28 March 2004 EOM Report is, in the Court’s view, insufficient. Admittedly, this Report criticised the lack of political balance in the electoral commissions and noted some instances of the improper functioning thereof (see paragraph 50 above). However, nowhere did it specifically state that the applicant party’s rights and interests were directly limited by the acts or omissions of the electoral commissions. The Court cannot find a violation of Article 3 of Protocol No. 1 solely on the basis of the allegation, no matter how plausible it is, that the system created possibilities for electoral fraud; instead, the applicant party should have submitted evidence of specific incidents of alleged violations. 110. With due regard to the above, the Court concludes that the contested composition of electoral commissions at all levels indeed lacked sufficient checks and balances against the President’s power and that those commissions could hardly enjoy independence from the outside political pressure. However, in the absence of any proof of particular acts of abuse of power or electoral fraud committed within the electoral commissions to the applicant party’s detriment, no breach of the latter’s right to stand for election can be established. 111. There has accordingly been no violation of Article 3 of Protocol No. 1. D. Exclusion of the Khulo and Kobuleti electoral districts from the countrywide vote tally 1. The Government’s submissions 112. The Government submitted that, in the Khulo and Kobuleti electoral districts, the Ajarian authorities had falsified the results of the repeat parliamentary election of 28 March 2004. Consequently, on 2 April 2004 the CEC annulled the election results in those districts, discontinued the authority of the corresponding electoral commissions and commissioned a different group of electoral administrators for the purposes of holding new polls on 18 April 2004. However, the Ajarian authorities did not allow that

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