Türkiye’s top election authority has released its reasoning for rejecting an appeal by the Republican People’s Party (CHP) against a court ruling that declared the main opposition party’s 38th ordinary convention “absolutely null.”
The Supreme Election Council (YSK) said it lacked the authority under election law to review the decision issued by a regional appeals court and stressed that the proper appellate body for such rulings is the Court of Appeals.
The rejection of the CHP’s appeal was announced on May 22. At the time, YSK chief Serdar Mutta said the board’s detailed reasoning would be disclosed later.
In its written justification, the YSK said its oversight powers regarding elections held at party conventions are limited primarily to election-day procedures and post-election processes. It added that disputes concerning party congresses generally fall under private law rather than election law.
“For this reason, the resolution of issues related to the cancellation or validity of conventions belongs to the judicial system,” the board said.
The ruling follows a May 21 decision by a regional appeals court declaring the CHP’s 38th ordinary convention “absolutely null,” an unprecedented judgment in Turkish political history.
The CHP initially challenged the ruling before the YSK and later appealed to the Court of Appeals.
The YSK also rejected the CHP’s argument that the case involved “complete illegality,” a legal concept generally referring to actions that violate mandatory provisions of the law.
According to the board, the authority to examine claims of complete illegality is limited to actions and decisions of election boards themselves. Since the CHP’s application sought review of a court ruling rather than an election board decision, the claim could not be assessed within that framework, it said.
The concept of complete illegality has appeared in previous decisions of Türkiye’s Court of Appeals, the Council of State and the now-defunct Military High Administrative Court.
The appeals court’s nullification ruling has sweeping implications for the CHP. According to the decision, not only the administration led by chair Özgür Özel but also extraordinary conventions held after the 2023 vote, as well as amendments to party bylaws and changes to the party program, were deemed legally invalid.
