December 1 is the final day for resignations to run in local elections

The Supreme Election Council (YSK) has announced that public officials, members of the judiciary, provincial and district political party officials, members of the Turkish Armed Forces (TSK), as well as those serving on the management and supervisory boards of professional organizations with public institution status, unions, public banks, supreme unions and their parent organizations, and the enterprises or partnerships in which they participate, must submit their requests to resign from their positions by 5:00 PM on Friday, December 1, in order to be eligible to run in the Local Administration Elections to be held on March 31, 2024.

In the YSK's decision on the matter published in the Official Gazette, it was stated that the Local Administration Elections will be held on Sunday, March 31, 2024, in accordance with the provision in the first paragraph of Article 8 of Law No. 2972 on Local Administrations and Neighborhood Mukhtars and Council of Elders Elections, which states: "Local Administration Elections are held every 5 years. The start date of the election is January 1 of the 5th year of each election period. The voting day is the last Sunday of March of the same year."

It was noted that the work to determine the dates for those who are required by law to withdraw or resign from their duties in order to be candidates in the elections has been completed.

The decision recalled that Article 76 of the Constitution stipulates that judges and prosecutors, members of high courts, teaching staff at higher education institutions, members of the Council of Higher Education (YÖK), civil servants of public institutions and organizations, other public officials who do not hold worker status in terms of the services they perform, and members of the TSK cannot be candidates or be elected as members of parliament unless they resign from their positions.

The decision stated that according to Article 17 of Law No. 2972, members of parliament, mayors, members of provincial general assemblies and municipal councils, and mukhtars are not required to resign from their positions to run or be nominated in local administration elections. It was also recalled that no provision was included regarding the candidacy of public officials, provincial and district political party officials, TSK officers and non-commissioned officers, and those serving on the management and supervisory boards of professional organizations with public institution status, unions, public banks, supreme unions and their parent organizations, and the enterprises or partnerships in which they participate.

In this case, it was stated that for the candidacy of public officials, provincial and district political party officials, officers and non-commissioned officers, and those serving on the management and supervisory boards of professional organizations with public institution status, unions, public banks, supreme unions and their parent organizations, and the enterprises or partnerships in which they participate, the provisions of Articles 18 and 19 of the Parliamentary Election Law No. 2839, which is referenced by Article 36 of Law No. 2972, and Article 40 of the Political Parties Law No. 2820 must be applied.

RESIGNATION REQUEST MUST BE MADE 1 MONTH BEFORE THE ELECTION DATE

The decision reported that, in accordance with Article 18 of the Parliamentary Election Law No. 2839, titled "Those who must resign for candidacy," it has been concluded that public officials, provincial and district political party officials, officers and non-commissioned officers, and those serving on the management and supervisory boards of professional organizations with public institution status, unions, public banks, supreme unions and their parent organizations, and the enterprises or partnerships in which they participate, must submit their requests to resign from their positions 1 month before the start date of the election in order to be candidates in the Local Administration Elections to be held on March 31, 2024.

The decision, which stated that Article 18 of Law No. 2839 contains the general rule regarding those who must resign, and that the exceptions for those participating in the Local Administration Elections are listed in Article 17 of Law No. 2972, included the statement: "Since they are not included in the exception provision, the chairmen and members of the management boards of the provincial and district organizations of political parties who wish to become candidate nominees must also resign."

It was stated that the same article of the law imposes a condition of "submitting a request to resign" by a certain date to become a candidate nominee, that this condition is limited to resignation, and that there is no provision stating that this date is not required for later departures through retirement; it was emphasized that an inclusive expression of "resignation from duty" was used without distinguishing between departure by resignation or retirement.

Pointing out that for the individuals specified in the law to be candidates, they must have submitted their resignation or retirement petitions within the prescribed period without making a distinction between those who leave by resignation or retirement, the decision noted that otherwise, those who request retirement or resignation after the prescribed date are legally unable to be candidates in the election to be held on March 31, 2024, and the following was recorded:

"It has been decided that judges and prosecutors, members of high judicial bodies, teaching staff at higher education institutions, members of the Council of Higher Education and the Radio and Television Supreme Council, civil servants of public institutions and organizations, other public officials who do not hold worker status in terms of the services they perform, officers and non-commissioned officers, chairmen and members of the provincial and district management boards of political parties, and those serving on the management and supervisory boards of professional organizations with public institution status, unions, public banks, supreme unions and their parent organizations, and the enterprises or partnerships in which they participate, who wish to be candidates, must submit their requests to resign from their positions by 5:00 PM on Friday, December 1, 2023, at the latest.

Furthermore, it was decided that the provisions regarding resignation in Article 19 of the same law shall be applied to them, and that public officials who will resign by submitting a retirement petition to become candidates must submit their petitions stating their request for retirement, effective no later than Friday, December 1, 2023, by 5:00 PM on Friday, December 1, 2023, at the latest.

It was also decided that the chairmen and members of the provincial and district management boards of political parties who wish to be candidates must resign by 5:00 PM on Friday, December 1, 2023, at the latest, and that the principles and procedures regarding their resignation shall be determined in accordance with Article 40 of the Political Parties Law No. 2820."

News Source: 12punto