Georgian Labour Party v. Georgia, No. 9103/04, ECtHR (Second Section), 8 July 2008

Illegitimate and unjustified exclusion of two electoral districts from the country-wide vote tally. 

Art. 3, Prot. 1 ECHR

1. The appellant party was entitled under Article 3 of Protocol No. 1 of the ECHR to rely on the voters of Khulo and Kobuleti, regardless of its chances of obtaining a majority of their votes. In fact, the CEC by annulling the election results in these two districts not only exceeded its authority, but also acted without an adequate legal basis or guarantee of due process.

2. The exclusion of voters, especially if arbitrary, could prevent a candidate from effectively exercising his or her right to vote.
(Following several allegations of irregularities in the 28 March elections, the CEC annulled the results in the electoral districts of Kobuleti and Khulo, in the Autonomous Republic of Ajaria, and set 18 April 2004 as the date for a new vote).