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Şamil Tayyar recalls 2017 referendum after Istanbul ruling! 'What happens if the decision is overturned tomorrow?'

Evaluating the decision to cancel the CHP Istanbul Provincial Presidency elections, former AKP deputy Şamil Tayyar drew attention to both the political and legal dimensions of the ruling. Noting that election law should be evaluated under the initiative of the Supreme Election Council (YSK), Tayyar asked, "If election law is established through a civil court of peace and legal security is left unprotected, every election decision could be under threat. For example, if the election board's decision regarding the validity of unstamped ballots in the 2017 referendum—made before the ballot boxes were opened—were to be overturned by a civil court of peace tomorrow, what would happen?"

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The lawsuit regarding the cancellation of the CHP Istanbul Provincial Congress held on October 8, 2023, has concluded. While the court ruled for the removal of Özgür Çelik and the current administration from office, it also decided to suspend 196 delegates as a precautionary measure. Furthermore, the ongoing congress process was halted. Gürsel Tekin, who announced his resignation from the CHP in 2024, was appointed to the position of Istanbul Provincial President.

Following this decision, which has become a major topic in politics, former AKP deputy Şamil Tayyar made a noteworthy assessment.

Recalling the decision to count unstamped ballots as valid in the 2017 referendum before the ballot boxes were opened, Tayyar pointed to potential legal loopholes.

Arguing that the decision provides no benefit to the People's Alliance (Cumhur İttifakı) from a political standpoint, Tayyar stated, "The CHP should continue its struggle on legitimate grounds, and the government should contribute to steps that will end these debates if there is a legal loophole here."

In a post on his X account, Tayyar noted the following:

"It is obvious that the cancellation decision in Istanbul will fundamentally affect the party congress case in Ankara.

If this chain of events continues like this, the Özel era will come to an end.

I shared this comment yesterday.

I would like to express my personal opinion regarding the process.

The issue has both legal and political dimensions.

Since there is no precedent in legal history, not only politicians but also legal experts are divided.

However, in general, election law is evaluated under the initiative of the Supreme Election Council.

There is also legal security. That is, the protection of acquired rights.

For example, the statute of limitations does not eliminate a crime if one exists, but it protects an acquired right.

If election law is established through a civil court of peace and legal security is left unprotected, every election decision could be under threat.

For example, if the election board's decision regarding the validity of unstamped ballots in the 2017 referendum—made before the ballot boxes were opened—were to be overturned by a civil court of peace tomorrow, what would happen? 

Or who can guarantee that a similar situation will not occur years later in a closely contested municipal or parliamentary election?

Furthermore, from a political perspective, what is happening has no benefit to the People's Alliance.

My suggestion is this;

The CHP should continue its struggle on legitimate grounds, and the government should contribute to steps that will end these debates if there is a legal loophole here."