In the case filed for the annulment of CHP’s 38th Ordinary Congress and 21st Extraordinary Congress, Ankara Regional Court of Justice 36th Civil Chamber explained the reasons for its “absolute nullity” decision. The court found that the free will of the delegates was interfered with at the congress and the principle of “secret ballot” was violated by auditing the voting process. Due to these irregularities, it was ruled that the congress was considered legally invalid from the beginning.
More than one serious finding was included in the justifications of the decision. Criminal investigations, indictments, witness statements, MASAK report and institutional correspondence were evaluated together and it was determined that the voting preferences of some delegates were guided by vested interests. The basis for the decision was that some delegates were given money at the congress and the Istanbul Provincial Congress, were promised job placements in municipalities, were promised candidacy and political duties, and were provided with various benefits such as shopping cards.
THE OLD ADMINISTRATION IS COMING BACK The fact that some delegates were asked to take photos of their ballot papers and send them was considered an important element that showed that the electoral will was not formed freely. The court ruled for absolute invalidity, emphasizing that all these violations were not a simple reason for annulment, but a violation of public order and mandatory legal rules. The party management’s defense that “the deficiencies were corrected in an extraordinary congress held later” was rejected by the court.
Since the congress of 4-5 November 2023 was deemed invalid with absolute nullity, it was concluded that the ordinary and extraordinary congresses held after this congress had no legal basis. With the decision, it was decided to return to the situation before 4-5 November 2023 and that Kemal Kılıçdaroğlu and the party organs of that period would continue their duties.
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