30.06.2025 08:21
The lawsuit filed for the annulment of the CHP's 38th Ordinary Congress will be heard today. There are possibilities of absolute nullity, appointment of a trustee, postponement of the case, or rejection of the request. In the case of absolute nullity, which is one of the most debated possibilities, Kemal Kılıçdaroğlu will return to the leadership of the party. If such a decision is made, the party administration will not allow the former chairman Kılıçdaroğlu and his team to enter the headquarters.
After Özgür Özel was elected as the chairman at the 38th Ordinary Congress of the CHP, some delegates and Lütfü Savaş filed a lawsuit alleging irregularities. The lawsuit requested the annulment of the congress, the termination of Özel's duties, and the reinstatement of Kılıçdaroğlu. The extraordinary congress organized by Özgür Özel on April 6 was also added to the case. The term "absolute nullity" has been officially recorded. While the court process continues, members of the Party Council and the High Disciplinary Board have requested to intervene. Kılıçdaroğlu emphasized that the party cannot be handed over to a trustee, while Özgür Özel sent a message saying, "The CHP stands tall."
4 POSSIBILITIES EMERGE
In the lawsuit filed for the annulment of the 38th Ordinary Congress to be held today, there are possibilities of a decision on "absolute nullity," the appointment of a trustee, the postponement of the case, or the rejection of the request.
ALL EYES ON THE COURT
All eyes are on the Ankara 42nd Civil Court of First Instance for the hearing of the CHP congress case today. The lawsuits filed in different courts by former Hatay Metropolitan Mayor Lütfü Savaş, who was expelled from the CHP, and delegates Yılmaz Özkanat, Hatip Karaaslan, and Kamile Bahar Önal, requesting the annulment of the CHP's 38th Ordinary Congress held on November 4-5, 2023, and the removal of the authorized boards, have been consolidated in the Ankara 42nd Civil Court of First Instance. The Ankara 42nd Civil Court of First Instance had previously indicated that it could proceed to oral proceedings in today's hearing by rejecting the request for a precautionary measure regarding the CHP's 21st Extraordinary Congress. This situation has led to interpretations that a decision could be made in today's hearing, while the lawsuit petition included claims that the reinstatement of former Chairman Kemal Kılıçdaroğlu and former members of the Party Council and the High Disciplinary Board is mandatory.
DISCUSSION OF ABSOLUTE NULLITY
It is uncertain whether the court will apply the concept of 'absolute nullity' in the case to be heard today. The main reason for the discussion of absolute nullity is that if the court issues an annulment decision, former CHP Chairman Kılıçdaroğlu and the Party Council would automatically return to management, while Özel and the current PM would lose their positions. The discussions on absolute nullity have also divided legal experts. Some legal experts argue, "The will of the delegates was impaired in the congress where Kılıçdaroğlu was elected. Therefore, absolute nullity can be applied. If the court finds the claim of absolute nullity valid, it can annul the congress, issue a precautionary measure, and in this case, Kılıçdaroğlu and his team can assume their duties before the decision becomes final," while others emphasize that the final word regarding congresses will be spoken by the Supreme Election Council.
ELECTION BOARDS WILL DECIDE
Legal experts point out that the judge of the Ankara 42nd Civil Court of First Instance may consider the criminal case as a delaying factor in today's hearing, arguing that if the court issues a decision of absolute nullity, the final word will be spoken by the Çankaya District Election Board. In this case, the Board may establish a temporary administration to lead to a new election within 30 days. However, since the party held a new congress with the existing delegates without changing the delegate structure (21st Extraordinary Congress), the Board may not see the need for a new election. Even if a decision of annulment is made by applying absolute nullity, it is also noted that this decision must go through the appeal and Supreme Court stages to become final.
A CRIMINAL CASE MAY BE EXPECTED
CHP lawyers argue that the legal case should be suspended until the criminal case is concluded. Although the criminal case may not affect the legal case, it is stated that the court may decide to wait by referring to the criminal case.
In addition to legal experts, the representative of the AK Party at the Supreme Election Council, Recep Özel, stated the other day, "The decision made by the Supreme Election Council cannot be overturned by the civil criminal court or the heavy criminal court. The whole system would be thrown into chaos. It would be very wrong. It is unprecedented for the decisions of political parties in their lawsuits and congresses to be considered null and void. The election boards, which determine the decision-making processes regarding the election-related parts of those congresses, the objection processes, and the issuance of the certificate of election, are the last authority, and that is the Supreme Election Council. There cannot be a decision that would nullify their decisions. According to the Constitution, the Supreme Election Council is authorized," he said.
PREPARATIONS FOR THE ABSOLUTE NULLITY DECISION HAVE BEEN MADE
CHP Chairman Özgür Özel and the party's legal advisors and executives believe that the Civil Court of First Instance cannot issue a decision of absolute nullity and that the court should reject the case. Even if such a decision is made, it is argued that the former administration cannot take over the party until the decision becomes final, and the appeal stages must be awaited.
Calculating that the appeal and Supreme Court stages will take at least two years, the party administration is planning to quickly initiate the ordinary congress process and hold the 39th Ordinary Congress to render the lawsuit moot. The party administration also plans to convey this request to the court.
KILIÇDAROĞLU WILL NOT BE ALLOWED INTO THE HEADQUARTERS
The CHP administration, which believes that "it is not legally possible for absolute nullity to be declared," argues that the case is "political" and that the ruling party's intention is to "drag the CHP into internal chaos." Nevertheless, preparations have been made against the possibility of absolute nullity being declared. The CHP's primary plan is to prevent former chairman Kemal Kılıçdaroğlu and his administration from entering the party headquarters.
The party administration has called the provincial heads who support the headquarters to the headquarters against the possibility of such a decision from the court. The CHP administration argues that even if party members, the organization, and public pressure lead to taking over the party, they will not be able to manage it. Another expectation is that the court will not be able to make a decision in this hearing, will give the party some time for defense, and that the case will extend to September when the new judicial year begins.
WHAT IS ABSOLUTE NULLITY?
Absolute nullity is a situation in law where a legal transaction is considered invalid from the moment it is established. In other words, such a transaction is regarded as if it never existed and produces no legal consequences. A flawed transaction due to absolute nullity cannot be made valid later and can be asserted by anyone.
Moment of invalidity: The transaction is invalid from the moment it is made.
Irreparability: It cannot be made valid later, meaning it cannot be "cured."
Assertability by everyone: Anyone affected by the transaction, even those not involved, can assert absolute nullity.
Judicial notice: The court investigates and considers the existence of absolute nullity in a dispute ex officio.
It is not necessary for the parties to assert this.
No Statute of Limitations: Absolute nullity is not subject to a statute of limitations or a time-bar. In other words, the invalidity can always be asserted.
REASONS FOR ABSOLUTE NULLITY
The main reasons that lead to the invalidation of a legal transaction by absolute nullity are as follows:
* Violation of Mandatory Legal Rules: The legal transaction is contrary to a mandatory provision of law. For example, contracts that violate public order or general morality.
* Impossibility of the Subject Matter: The subject matter of the transaction is objectively impossible from the outset. For example, a contract for the "sale of land on the Moon."
* Illegality or Immorality of the Subject Matter: The subject matter of the transaction constitutes a crime or is contrary to general moral rules. For example, a contract for the trade of narcotic substances.
* One Party Lacking Full Capacity: One of the parties involved in the transaction lacks legal capacity (for example, a contract made by a person who is incapable of distinguishing right from wrong).
* Violation of Formal Requirements: Failure to comply with the formal requirements prescribed by law for a specific legal transaction, and this violation is explicitly stated in the law to result in absolute nullity. For example, real estate sale contracts not being executed with a formal deed at the land registry.
CONSEQUENCES OF ABSOLUTE NULLITY
A transaction that is invalidated by absolute nullity produces no legal effects. This also entails the necessity of returning previously made performances. For example, payments made or goods delivered under a contract deemed invalid by absolute nullity can be reclaimed according to the provisions of unjust enrichment.
Absolute nullity serves as an important sanction aimed at protecting the fundamental principles of law and public order.