New lawsuit regarding Kılıçdaroğlu's CHP chairmanship: Court requests defense from the Court of Cassation
As debates over the "absolute nullity" of the CHP's 38th Ordinary Congress continue, a new development has occurred in the lawsuit filed by former Court of Cassation Prosecutor and YARSAV Founding President Ömer Faruk Eminağaoğlu, who is seeking to have it recorded in the party registry that Kemal Kılıçdaroğlu's term as chairman ended on July 26, 2023. While the Ankara 15th Administrative Court has requested a defense from the Office of the Court of Cassation, Eminağaoğlu stated that if the lawsuit is accepted, Kılıçdaroğlu, whose term has expired, would not be able to carry out the duties of chairman even on an interim basis under the scope of "absolute nullity."
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As the CHP's 38th Ordinary Congress and the debates regarding its "absolute nullity" continue, a new development has occurred in the lawsuit filed concerning the duration of Kemal Kılıçdaroğlu's chairmanship.
According to a report by Cumhuriyet, former Court of Cassation Prosecutor and YARSAV Founding President Attorney Ömer Faruk Eminağaoğlu applied to the Office of the Chief Public Prosecutor of the Court of Cassation on the grounds that Kılıçdaroğlu's chairmanship, which began at the 37th Ordinary Congress, ended on July 26, 2023, when the three-year term was completed.
APPLICATION REJECTED
In his application made on June 1, 2026, Eminağaoğlu requested that it be recorded in the CHP's political party registry at the Office of the Chief Public Prosecutor of the Court of Cassation that Kılıçdaroğlu's term had expired.
Following the rejection of the application, Eminağaoğlu filed a lawsuit against the Office of the Court of Cassation at the Ankara 15th Administrative Court on July 30 for the cancellation of the action.
COURT REQUESTS DEFENSE FROM THE COURT OF CASSATION
The Ankara 15th Administrative Court has completed its initial review of the case. The court did not decide to reject the petition and instead requested a defense from the Office of the Court of Cassation regarding the grounds for the rejection of the application.
The lawsuit petition was served to the Office of the Court of Cassation on August 16.
EMİNAĞAOĞLU: TERM ENDED IN 2023
Stating that political party chairmen can be elected for a maximum of three years at an ordinary congress, Eminağaoğlu argued that if the lawsuit is accepted, it must be recorded in the political party registry that Kılıçdaroğlu's chairmanship ended on July 26, 2023.
Eminağaoğlu stated, "In the event that the lawsuit is accepted and a cancellation decision is issued, it will be necessary to record in the political party registry that Kılıçdaroğlu's chairmanship became vacant on July 26, 2023, during the term of the bodies elected at the 37th Ordinary Congress, prior to the 38th Ordinary Congress. In this case, Kılıçdaroğlu, whose term has expired due to the completion of the maximum tenure, will not be able to carry out duties even on an interim basis."
CONGRESS PROCESS IN THE CHP
The CHP's 37th Ordinary General Congress was held on July 25-26, 2020. Kemal Kılıçdaroğlu was re-elected chairman at the congress.
The 38th Ordinary Congress, where Özgür Özel surpassed Kılıçdaroğlu to be elected chairman, was held on November 4-5, 2023.
While the congress was deemed invalid due to an "absolute nullity" decision rendered within the scope of a lawsuit filed regarding the 38th Congress, Kemal Kılıçdaroğlu had been appointed to lead the CHP by a court decision.