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Ankara court to rule on Türkiye's main opposition Republican People's Party's (CHP) 38th Ordinary Congress annulment case, with potential outcomes including "absolute nullity," trustee appointment, or case dismissal.
The second hearing in the lawsuit seeking the annulment of the CHP's 38th Ordinary Congress will be held Monday at the Ankara 42nd Civil Court of First Instance.
The congress took place on Nov. 4–5, 2023, during which leadership passed from former Chairman Kemal Kilicdaroglu to current Chairman Ozgur Ozel.
The case was filed by former Hatay Metropolitan Mayor Lutfu Savas and several delegates, who claim the congress was marred by vote-buying and delegate manipulation. Multiple cases filed in different courts were consolidated into a single case at the 42nd Civil Court.
The plaintiffs are requesting the annulment of both the 38th Ordinary Congress and the 21st Extraordinary Congress in which Ozel was re-elected as chairman. The lawsuit argues that the delegate's will was compromised and calls for the return of Kilicdaroglu and the previous leadership on grounds of "mutlak butlan" (absolute nullity).
The court may consider several scenarios:
CHP leadership believes the court cannot legally issue an absolute nullity ruling and argues that any decision would need to go through appeals, possibly taking up to two years. Meanwhile, they are preparing to initiate the 39th Ordinary Congress to render the lawsuit moot.
CHP leadership under Ozel maintains that the civil court cannot issue an absolute nullity ruling and expects the case to be dismissed.
Party officials speaking to the Turkish media outlets argue that even if such a ruling emerged, the previous administration could not assume leadership until the decision becomes final through appeal processes.
The party has summoned provincial chairs to Ankara and plans to keep Kilicdaroglu and his team from reentering the party headquarters if the court rules in favor of absolute nullity.
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CHP officials cite internal procedures and organizational structure in response to potential leadership changes through a court decision.
"We are prepared for any decision they make. Let this discussion end. This country needs to discuss hunger, poverty, unemployment, and young people's hopelessness," Ozel recently stated.
Kilicdaroglu announced he would assume leadership if an absolute nullity ruling is issued "to prevent handing the party over to a trustee." Kilicdaroglu has reportedly stated, "Wherever the chairman is, that is the headquarters,” in response to suggestions that he may be denied entry to the party headquarters."
Legal experts have expressed differing opinions. Some argue that absolute nullity could be declared due to an invalidated delegate will. Others state that such decisions fall under the jurisdiction of election boards, especially the Supreme Election Council (YSK).
Recep Ozel, AKP's representative at the YSK, reportedly said: "The court cannot overturn YSK decisions. If it does, the entire system collapses." He also stated that election-related decisions, including validation of congress results, are under the authority of election boards and the YSK.
The court may postpone its decision. If additional defense time is granted, the third hearing could be scheduled before the judicial recess in late July or postponed until after the recess ends in the fall.
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