Breaking News... A decision that will shift the balance regarding the CHP Provincial Congress! Bad news for Gürsel Tekin

With the decision of the Istanbul 45th Civil Court of First Instance dated September 2, Republican People's Party (CHP) Istanbul Provincial Chair Özgür Çelik and his administration had been removed from office.

The Ankara 3rd Civil Court, however, has rejected the lawsuit for the annulment of the CHP's Provincial Congress regarding the Istanbul 45th Civil Court of First Instance's decision on its merits.

CHP Deputy Chair Gül Çiftçi made statements to Halk TV regarding the matter. Emphasizing that this was a decision that Ankara needed to make, Çiftçi said, "Today was the first hearing, and it was rejected on its merits. The decision to appoint a trustee, which the Istanbul 45th Civil Court of First Instance had issued unfairly and irregularly, has effectively been nullified."

Stating that the court should lift this decision ex officio, Çiftçi added, "It has been determined by the Ankara 3rd Civil Court of First Instance that there were no issues with the Istanbul Provincial Congress, that it was conducted in accordance with procedure, and that there was no 'suspicion' of irregularity."

CHP lawyer Çağlar Çağlayan also stated in his remarks on Sözcü TV that the trustee decision must be lifted.

WHAT DOES THE DECISION MEAN?

The Istanbul 45th Civil Court of First Instance had previously decided to remove Provincial Chair Özgür Çelik and his administration from office and appoint a trustee, based on an objection regarding the CHP Istanbul Provincial Congress, on the grounds that the congress was "suspicious."

This was a "preliminary injunction" or an interim decision of a temporary nature.

The Ankara 3rd Civil Court of First Instance has rejected the "annulment lawsuit" regarding the CHP's congress on its merits.

In other words, the court determined that the congress was held in accordance with procedure and that there was no illegality or suspicion of irregularity.

This decision is binding once it becomes final.

The trustee decision issued by the court in Istanbul loses its legal basis with this decision on the merits by the court in Ankara. Because:

If the congress is valid and in accordance with the law, the reason requiring the appointment of a trustee disappears.

As stated by CHP officials and lawyers, the trustee decision of the Istanbul 45th Civil Court of First Instance is now considered to have become void by itself.

WHAT WILL HAPPEN IN PRACTICE?

The court should lift the trustee decision ex officio (on its own motion).

If it does not do so, the parties (the CHP) must apply to the court with a request for the "lifting of the decision."

As a result of this process, the CHP Istanbul Provincial Chair and his administration should continue their duties with full authority.