Court curbs powers of AKP mayor: Cannot exceed Municipal Council's authority

The decision taken during the October 10, 2024, session of the Sultangazi Municipal Council, which granted broad powers to AKP Mayor Abdurrahman Dursun, has been overturned by the judiciary. The Istanbul 2nd Administrative Court found the council decision in question to be unlawful and annulled it unanimously.

According to the ruling, it was emphasized that the decision-making authority, which is among the primary duties of the Municipal Council, cannot be effectively transferred to the mayor. The court's decision stated, “The authority to decide on many of the aforementioned transactions falls within the duties and powers of the Municipal Council. Since it has been concluded that the council decision in its current form would result in the effective transfer of decision-making authority belonging to the Municipal Council on many issues to the Mayor, the subject of the lawsuit is found to be inconsistent with law and legislation.”

WHAT HAPPENED?

Despite opposition from CHP council members, the proposal accepted in the October 2024 session had granted Mayor Dursun unlimited powers within the scope of construction contracts in exchange for land shares. These powers included a wide range of actions, from signing contracts and protocols to expropriation procedures.

According to a report by İsmail Arı from BirGün newspaper, the person who challenged the authorization decision and took the matter to court was Hüseyin Kara, the CHP Group Deputy Chairman of the Sultangazi Municipal Council. Kara had stated that the decision was entirely unlawful and emphasized that there were no limiting conditions in the decision taken.

COURT: COUNCIL AUTHORITY CANNOT BE DELEGATED  

In its ruling dated May 5, 2025, the court stated that delegating the Municipal Council's powers to the Mayor in this manner is not legal. The annulment decision was taken unanimously.

News Source: 12punto