Critical day in the CHP case... All eyes on Ankara: Here are the possible scenarios!
The fifth hearing in the lawsuit filed for the annulment of the CHP's 38th Ordinary Congress will be held on October 24 at the Dışkapı Courthouse. The court may deem the case "moot" or issue a "null and void" ruling, which could pave the way for Kemal Kılıçdaroğlu to become chairman again. All eyes are on Ankara.
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The critical hearing in the lawsuit filed for the annulment of the CHP's 38th Ordinary Congress, held on November 4-5, 2023, will take place on October 24.
The Ankara 42nd Civil Court of First Instance requested a larger courtroom due to the high attendance at previous hearings. The request was granted, and it was decided that the hearing would be held in courtroom Z-10 at the Dışkapı Courthouse.
WHAT HAPPENED AT THE LAST HEARING?
At the last hearing held on September 15, the plaintiff, former Hatay Metropolitan Mayor Lütfü Savaş—who was expelled from the CHP—and his lawyer requested the "dismissal of Özgür Özel and his administration, and the reinstatement of Kemal Kılıçdaroğlu and the former boards."
The court adjourned the hearing to October 24 without reaching a decision.
DELEGATE LISTS REQUESTED
The court ruled that the lists of delegates who did or did not vote in the extraordinary congress held on September 21 and the Istanbul Provincial Congress on September 24 be obtained from the election boards.
Additionally, it was requested that the CHP membership records of the plaintiffs be submitted to the court.
CHP'S “EXTRAORDINARY CONGRESS” MOVE
During the legal process, the party administration convened the 22nd Extraordinary Congress on September 21 with the signatures of more than 900 delegates to mitigate the risk of a "null and void" ruling.
At this congress, a vote of confidence was held first, followed by the re-election of Özgür Özel as CHP Chairman.
However, the new delegates formed after the 38th Congress and the individuals mentioned in the lawsuit regarding the Istanbul Provincial Administration did not attend this congress.
Party sources state that the extraordinary congress was convened at the request of the delegates and that this move was made to render the lawsuit "moot."
CHP legal experts emphasize that the 22nd Extraordinary Congress was "convened by the will of the delegates," arguing that "with this congress, the previous administration has effectively and legally come to an end."
The party's lawyer, Çağlar Çağlayan, also states, "The congress was held, the previous administration was removed. The case is now moot."
FIVE OPTIONS BEFORE THE COURT
There are five possible outcomes for the court at the October 24 hearing:
Adjourning the hearing to a later date,
Removing the current administration as a precautionary measure,
Annulling the 38th Congress due to "null and void" status,
Appointing a trustee to the party,
Issuing a decision of lack of jurisdiction or declaring the proceedings void.
POSSIBLE SCENARIO
According to party insiders, the most likely outcome is that the court will deem the case "moot" and close the file.
However, there is also talk of the possibility that the process could be postponed until December, awaiting the completion of the 39th Ordinary Congress.
WHAT DOES A “NULL AND VOID” RULING MEAN?
If the court deems the 38th Congress, where Özgür Özel was first elected chairman, as "void," Kemal Kılıçdaroğlu and his team could return to the party administration.
In this case, the congress elections would be considered as if they never took place, and Kılıçdaroğlu would regain the title of chairman.
Claims have also surfaced in CHP circles that in such a scenario, the government might decide to call for a "snap election."
ACTIVITY AT CHP HEADQUARTERS
CHP Chairman Özgür Özel plans to convene the Central Executive Board at the party headquarters during the hours of the hearing.
It is stated that some provincial chairs and mayors will also be in Ankara on the day of the hearing.
Özel's planned attendance at the Swiss Social Democratic Party Congress on the same day will be canceled if a surprise decision emerges from the court.
“NULL AND VOID” EVEN APPEARED IN A TV SERIES
Another discussion drawing attention in CHP circles is the inclusion of the phrase "null and void" in a series broadcast on Kanal D, a media outlet close to the government.
CHP deputies state that these scenes could be seen as "preparing public opinion for a judicial decision."
NEW CONGRESS CALENDAR ON THE WAY
To date, the CHP has held a total of 60 congresses, 22 of which were extraordinary.
Having completed its provincial congresses, the party plans to hold the 39th Ordinary Congress at the end of November.
The Party Assembly is expected to meet this week to announce the date.