The decision on whether the executive power was legitimately elected after the elections in March 2022, from the point of view of the number of councilors, will apparently be made by the Government after the President of the Municipality, Omer Bajraktari, informed the cabinet of Milojko Spajić that the previous convocation of the Municipal Assembly (SO) did not adopt the necessary the decision on determining the number of councilors in relation to the number of voters.
Bajraktari indicated that within his competences, he will soon submit the same draft decision to the SO for decision.
The Ulcinj parliament currently has 33 councilors, but in the March elections of the year before last, 20.393 voters had the right to vote. Article 3 of the Law on the Election of Councilors and Members of Parliament stipulates that citizens in municipalities elect 30 councilors and one more for every five thousand voters, which means that 34 and not 33 councilors should have been elected for the Ulcinj Municipality. In the same article, it is stated that the number of councilors is determined by the SO with a special decision no later than on the day of the announcement of the election after notification of the number of voters. The convocation of the Ulcinj parliament at the time did not adopt that decision for a bizarre reason - there was no quorum even though the ruling coalition had 30 councilors.
The dilemma of whether the regular local elections in March 2022 were regular or not in terms of the number of councilors was opened in mid-September last year by long-time political and NGO activist and former MP Muhamet Nika. He then sent a letter to the president of the state, Jakov Milatović, in which he claimed that the local elections in Ulcinj in March 2022 were irregular. He asked for an answer from Milatović so that, as he stated, he would inform the EU Delegation in Podgorica and the OSCE about his claims regarding the Ulcinj elections.
At the end of November, he addressed Spajić's cabinet, which forwarded his letter to Bajraktari demanding measures be taken regarding the failure to make a decision on the number of voters and electing 33 instead of 34 councilors.
"Now the Government is on the move, but it can be seen from the answers and correspondence that 34 and not 33 councilors should have been elected. Taking that into account, I believe that the government was elected illegally and that all the decisions it made are legally null and void. Of course, the Government will decide on that, but if there is no progress on this issue soon, I will contact the EU and OSCE observation mission," said Nika to "Vijesta".
He assessed that Ulcinj is sliding towards extraordinary elections if the Government determines that the number of councilors is not in accordance with the law.
"I don't want to deceive anyone, but everything I said and wrote - came true. I think that extraordinary elections are the most realistic option and the only legal one in this case," said Nika.
Bajraktari, responding to the Government's request, pointed out that the document was forwarded to the SO for jurisdiction immediately after its receipt.
"In the response of the SO Service, it follows that the Assembly did not adopt the Decision on determining the number of councilors to be elected in the Ulcinj SO, which was nominated by the President of the Municipality of Ulcinj by act of 18.02.2022/11.01.2024/18.01. On the status of the implementation of the submitted Decision proposal, the Cabinet of the President of the Municipality was not notified of the actions taken (convening of an extraordinary meeting of the Council of Ministers, consideration and decision-making results) until the receipt of the cited act of the Council of Ministers dated XNUMX", says Bajraktari's reply to the Government on XNUMX. this year.
In the answer, which "Vijesti" had access to, it is also stated that the President of the Municipality, within his competences, will submit a proposal for the Decision on determining the number of councilors to be elected in the Ulcinj Municipality and send it to the Assembly for further consideration and decision-making.
From SO Ulcinj, Bajraktarija was reminded that based on the Law on Local Self-Government, the obligation of the President of the Municipality is prescribed to take care of and is responsible for the execution of laws, other regulations and general acts.
"As it concerns the decision proposed by the President of the Municipality, in accordance with the law, he had the possibility to temporarily make decisions within the competence of the Assembly", he wrote in the reply of SO Bajraktari.
In the letter, it is suggested that Bajraktari submit the proposal of that decision to the Ulcinj Municipal Council so that it can be on the agenda at the session to be held in March.
In the accompanying documents, which "Vijesti" had access to, it is stated that the former president of the SO Hadži Sulejmani scheduled an extraordinary session for 21.02.2022, with only one item on the agenda - the proposal for a decision on determining the number of councilors to be elected in the SO Ulcinj, which proposed by the then President of the Municipality Aleksandar Dabović.
"As the President of Montenegro has announced elections for March 27.03.2022, 20.412, and the Ministry of Internal Affairs has determined that the number of voters registered in the electoral roll is XNUMX, I demand the convening of an extraordinary session with only one item on the agenda - a proposal for a decision on determining the number of councilors to be elected in the Ulcinj Municipality" , Dabović wrote then in a request to the president of the SO.
Nika says that the omission was made immediately after the session was concluded due to lack of quorum.
"First, the minutes only state that it was established that there was no quorum and that the president of the SO closed the session because of that. It should have been stated that the majority of councilors left the session before the discussion began, and they know why. Secondly, the Cabinet of the President of the State should have been informed immediately in order not to enter into an irregular election process", said Nika.
He assessed that at this moment it would be illegal to adopt a decision on the number of councilors and add another mandate.
"For the simple reason that this convocation of the parliament was illegally elected".
He previously said that the right to vote is protected by election commissions, as well as by the Constitutional Court and other competent courts.
He assessed that the local administration, by not making a decision, hybridly threw out five thousand voters who could change the distribution of forces in the local parliament.
Article 15 of the Law on the Election of Councilors and Members of Parliament states that in the event of the termination of the mandate of the Council of State, the Assembly of the Capital and the Assembly of the Capital, before the expiration of the term for which it was elected, the President of Montenegro shall call for elections on the day following the day of its dissolution, i.e. the day following the day of accession to the effect of the decision on the shortening of the mandate.
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