21.05.2026 18:20
In the lawsuit filed for the cancellation of the 2023 congress where Özgür Özel was elected as the general chairman of CHP, a decision of 'absolute nullity' was issued. The court annulled the 38th congress of CHP. It was decided to reinstate Kemal Kılıçdaroğlu and the party bodies to their duties. Following this decision, Kemal Kılıçdaroğlu's once-viral statement "I am Kemal, I am coming" has resurfaced.
The court has ruled on the lawsuit concerning the 38th Ordinary Congress of the CHP in 2023, where Özgür Özel was elected as the general chairperson. The court annulled the congress, ruling that it was invalid due to "absolute voidness."
CRITICAL DECISION FROM THE COURT
In the lawsuit filed regarding the CHP's 38th Ordinary Congress, the Ankara Regional Court of Justice's 36th Civil Chamber issued a ruling of "absolute voidness." With this decision, the congress was annulled, and it was ordered that the former administration resume office.
"I AM KEMAL, I AM COMING" BACK ON THE AGENDA
Following the decision, Kemal Kılıçdaroğlu's frequently used phrase, "I am Kemal, I am coming," returned to the agenda. This phrase quickly became one of the most discussed topics in political circles and public opinion.
GROUNDS FOR THE VOIDNESS DECISION
1- It was concluded that the will of the delegates was corrupted.
Upon evaluating criminal investigations, indictments, witness statements, the MASAK report, institutional correspondence, and legal briefs in the case file together, it was determined that the voting preferences of some delegates were influenced through interests.
2- Promises of money, jobs, candidacy, and other benefits were deemed decisive.
The ruling's justification included findings that some delegates were given money, promised placement in municipal jobs, offered candidacy or political positions, and provided benefits such as shopping cards during the congress and the Istanbul Provincial Congress.
3- It was assessed that votes were monitored and secret will was compromised.
It was considered a significant element that some delegates were asked to photograph and send their ballot papers, indicating that the electoral will was not freely formed.
4- It was accepted that principles of internal party democracy and equality were violated.
Emphasized under Article 69 of the Constitution and Articles 4 and 93 of the Political Parties Law, political party organ elections must comply with democratic principles, party bylaws, and the principle of equality among members.
5- It was concluded that there was a violation of mandatory legal provisions.
The ruling stated that the alleged irregularities in the congress and the assembly constituted not just grounds for simple annulment but violations of public order and mandatory legal rules, leading to a determination of absolute nullity.
6- It was accepted that subsequent extraordinary congresses did not remedy the defect.
Since the congress of November 4-5, 2023, was deemed void due to absolute nullity, it was concluded that subsequent ordinary and extraordinary congresses lacked legal basis.
7- The first-instance court's approach that "the case became moot" was not considered appropriate.
According to the appellate decision, later congresses did not eliminate the absolute voidness of the earlier congress; therefore, legal interest was deemed to continue.
8- The outcome was tied to the return of the former administration.
With the annulment of the congress from its date, it was decided to revert to the situation before November 4-5, 2023, allowing Kemal Kılıçdaroğlu and the party organs from that period to resume their duties.
ALL DEPUTIES URGENTLY SUMMONED TO HEADQUARTERS
Following the court decision, the first move of the Özgür Özel administration became clear. Özel urgently summoned all deputies to the CHP headquarters. The Central Executive Board also convened an extraordinary meeting to evaluate the decision.
INVESTIGATION INITIATED INTO THE CONGRESS
The Ankara Chief Public Prosecutor's Office had launched an investigation into the CHP's 38th Ordinary Congress held on November 4-5, 2023, based on allegations of irregularities. Former Hatay Mayor Lütfü Savaş and some delegates filed a lawsuit seeking a declaration that the congress was "void due to absolute nullity." The lawsuit requested the suspension of Özgür Özel and the party administration and the reinstatement of Kemal Kılıçdaroğlu and the previous bodies.