21.05.2026 18:00
The grounds for the court's absolute nullity decision in the case filed regarding the cancellation of the congress in CHP have been announced. In the ruling, it was stated that the delegate's will was corrupted, the votes were monitored and the secret ballot was undermined, and the subsequent extraordinary congress did not remedy the defect.
In the case concerning the annulment of the 38th Ordinary Congress and the 21st Extraordinary Congress of the Republican People's Party (CHP), the court's reasoning for the "absolute nullity" decision has been revealed. The court stated that the free will of the delegates during the congress was interfered with and that the voting process was monitored, violating the "secret ballot" principle. The decision emphasized that due to these irregularities, the congress was legally invalid from the outset.
The party administration's defense that "the deficiencies were remedied through the subsequent extraordinary congress" was rejected by the court. After the decision highlighted that the legal defect in the first congress could not be corrected by later processes, attention turned to the legal steps the party administration will take and the potential process for a repeat congress.
REASONS FOR THE NULLITY DECISION
1- The delegate's will was deemed to have been corrupted.
Criminal investigations, indictments, witness statements, the MASAK report, institutional correspondence, and official reports in the file were evaluated together, and it was determined that some delegates' voting preferences were influenced by interest-based relationships.
2- Offers of money, jobs, candidacy, and other benefits were found to be decisive.
The decision's rationale was based on findings that at the congress and the Istanbul Provincial Congress, some delegates were given money, promised job placements in municipalities, offered candidacy or political positions, and provided benefits such as shopping cards.
3- It was assessed that votes were monitored and the principle of secret will was compromised.
Some delegates were asked to take and send photos of their ballots, which was considered a significant factor indicating that voting will was not freely formed.
4- Violations of intra-party democracy and equality principles were acknowledged.
It was emphasized, in accordance with Article 69 of the Constitution and Articles 4 and 93 of the Political Parties Law, that the elections of party bodies must comply with democratic principles, the party bylaws, and the principle of equality among members.
5- It was concluded that there was a violation of mandatory legal provisions.
The decision stated that the alleged irregularities in the congress and convention were not simple grounds for annulment but constituted a violation of public order and mandatory legal rules, leading to a finding of absolute invalidity.
6- It was accepted that the subsequent extraordinary congresses did not remedy the defect.
Since the November 4-5, 2023 Congress was deemed invalid due to absolute nullity, it was concluded that the ordinary and extraordinary congresses held after that date lacked a legal basis.
7- The first instance court's approach that "the case became moot" was found to be incorrect.
According to the appellate decision, the subsequent congresses did not eliminate the absolute nullity of the earlier congress; therefore, it was accepted that the legal interest continued.
8- The outcome was tied to the return of the previous administration.
As the congress was annulled retroactively to its date, it was decided to revert to the situation before November 4-5, 2023, with Kemal Kılıçdaroğlu and the party bodies of that period resuming their duties.
Details are coming...