DECISION No.1 OF MARCH 8, 1994 ON CC No.22/93
Motion challenging the legality of election as Member of Parliament of Georgi Milchev Georgiev on grounds of violation of Art.45, Para.1, Subpara.2 and Art.96, Para.1 of the Law for Election of Members of Parliament, Municipal Councillors and Mayors (DV, No. 69 of August 22, 1991).
The Constitutional Court declared illegal the election of Georgi Milchev Georgiev as Member of Parliament in 15th Pleven constituancy and terminated his powers as MP. The Court held that the law does not prohibit the withdrawal of the candidacy of an already registered candidate. The voting in the 15th constituancy was done with the ballot of the Union of Democratic Forces, which did not contain the name of Georgi Milchev Georgiev owing to explicit expression of his will to that effect. Therefore he did not participate in the elections as a candidate and the voters did not express a wish to be represented by him in the National Assembly. Irrespective of the above, the election is illegal, since the sequence in the ballot paper, which can be changed neither by the voters nor by the Central Electoral Commission, has been breached.
