Cancellation of the 38th Ordinary Congress of the CHP and the Case for Kemal Kılıçdaroğlu's Reinstatement

Cancellation of the CHP 38th Ordinary Congress and the Case for Kılıçdaroğlu’s Reinstatement is the name of the legal process concluded by the ruling of the Ankara Regional Court of Justice (BAM) 36th Civil Chamber issued unanimously on 21 May 2026. The court determined that the Republican People’s Party’s (CHP) 38th Ordinary Elective Congress held on 4–5 November 2023 was null and void due to absolute invalidity and ordered its cancellation effective from the date it was held. According to the Turkish Language Association, the Arabic-origin term “butlan” means invalidity and is one of the types of invalidity in legal proceedings.

The ruling ordered that the previous General Chairman Kemal Kılıçdaroğlu and party organs continue in their duties as before, while the current General Chairman Özgür Özel and his administration were provisionally removed from office. This ruling was issued with the possibility of appeal to the Court of Cassation within two weeks. Following the ruling, various legal challenges were initiated between 22–23 May 2026.

CHP’s 38th Ordinary Elective Congress was held on 4–5 November 2023; in this congress, Özgür Özel defeated Kemal Kılıçdaroğlu in the race for the party chairmanship.

Following the congress, former Hatay Metropolitan Municipality Mayor Lütfü Savaş and several delegates filed separate lawsuits in different courts demanding the annulment of the congress and the removal of competent bodies. These annulment cases were consolidated into a single file at the Ankara 42nd Civil Court.

In addition to the civil lawsuit, a criminal case was also initiated. The Ankara Public Prosecutor’s Office launched an investigation into allegations of procedural irregularities during the congress; the indictment prepared was accepted on 3 June. The indictment sought prison sentences of one to three years for twelve suspects, including Ekrem İmamoğlu, the former mayor of Istanbul Metropolitan Municipality (İBB), who had been removed from office on corruption charges, for the crime of “fraud in voting.” In the indictment, former CHP leader Kemal Kılıçdaroğlu was identified as the victim and Lütfü Savaş as the complainant.

CHP’s Istanbul Provincial Administration was removed from office and replaced by a trustee, leading to the convening of the 21st Extraordinary Congress of CHP on 6 April 2025; Özgür Özel was re-elected as general chairman.

Ankara 42nd Civil Court, in its hearing on 24 October 2025, ruled that the main lawsuit seeking the annulment of the CHP 38th Ordinary Congress was “without subject matter” and therefore no decision was warranted. In its assessment of the consolidated files, the court rejected the lawsuit filed by Lütfü Savaş on the grounds that he lacked standing to initiate the lawsuit.

Ankara Regional Court of Justice (BAM) 36th Civil Chamber reviewed the appeals filed against the consolidated files. The chamber evaluated the provisions of the Political Parties Law, the Associations Law, and the Turkish Civil Code together in its examination of the congress procedures. In its ruling, evidence, witness statements, and official documents gathered under the files of the Ankara 3rd Civil Court, Ankara 26th Criminal Court, Istanbul 45th Civil Court, and Istanbul 72nd Criminal Court were jointly assessed.

The appellate chamber found the first instance court’s “lack of subject matter” assessment to be inconsistent with the law. The chamber concluded that subsequent extraordinary congresses and conventions could not rectify the legal violations found in the original congress. The ruling stated that the congresses were “impaired by power dynamics” and “null and void due to absolute invalidity for violating mandatory legal provisions.”

The ruling further stated that extraordinary congresses held after a legally non-existent and invalid congress cannot remedy prior legal defects, and that the plaintiffs retain their legal interest in continuing the lawsuit.

The appellate ruling incorporated findings from the public prosecutor’s investigation. The findings were summarized as follows:

"Ekrem İmamoğlu, who served as Mayor of Istanbul and as President of the Presidium of the CHP 38th Ordinary Congress, organized, with the participation of other suspects, the CHP 38th Ordinary Congress held on 4–5 November 2023 at the Ankara Sports Hall. Some delegates were paid to vote for the general chair candidate Özgür Özel; others were offered candidacy for mayoral and municipal council positions in various provinces and districts; some delegates and their relatives were appointed to jobs in CHP-run municipalities and their affiliated companies and subsidiaries; numerous supermarket gift cards were distributed to certain delegates; photographs of the votes cast by these delegates were requested and collected via mobile phones; after the first round of voting, the transition to the second round was deliberately delayed, and false statements were made claiming that Kemal Kılıçdaroğlu had withdrawn his candidacy; thus, the will of the delegates was manipulated to ensure the victory of candidate Özgür Özel. It is understood that the suspects acted jointly to commit the crime of electoral fraud, prompting the initiation of a public prosecution.

The ruling referenced Law No. 2820 on Political Parties, emphasizing that political parties must not make decisions or take actions regarding internal affairs, party management, oversight, or elections of party organs that contradict party bylaws, the principle of equality among members, or democratic principles.

The ruling also recalled that the plaintiff Lütfü Savaş had been referred to the High Disciplinary Board (HDB) by a decision of the CHP Central Executive Board dated 3 October 2024 for “provisional expulsion,” and was definitively expelled from the party by the HDB’s decision dated 11 December 2024. Similarly, the other plaintiff Yılmaz Özkanat, who was also expelled from the party, had legally lost the status of “party member and delegate” as of the date the lawsuit was filed, and therefore lacked standing to initiate the lawsuit. The ruling emphasized that only complaints from delegates with legitimate standing had been considered.

Ankara BAM 36th Civil Chamber, in its unanimous ruling on 21 May 2026, accepted the appeals filed against the consolidated files and overturned the decision of the Ankara 42nd Civil Court. The ruling stated: “It has been determined that both the CHP 38th Ordinary Congress held on 4–5 November 2023 and the CHP Istanbul Provincial Congress held on 8 October 2023 are null and void due to absolute invalidity for violating mandatory legal provisions.”

The chamber ruled that all ordinary and extraordinary congresses and decisions made within the party after the date of the annulment due to absolute invalidity are also null and void. The CHP Istanbul Provincial Congress held on 8 October 2023 and all decisions taken at that congress were likewise annulled on the same grounds.

The ruling ordered a return to the situation existing before the 4–5 November 2023 38th Ordinary Elective Congress, requiring Kemal Kılıçdaroğlu and party organs as they existed prior to the congress to resume their duties without interruption.

The ruling stated: “Due to the nullification by absolute invalidity of the congress held on 4–5 November 2023, the General Chairman Özgür Özel, members of the Central Executive Board, members of the Party Assembly, and members of the High Disciplinary Board are provisionally removed from office. The General Chairman Kemal Kılıçdaroğlu and the members of the Party Assembly and High Disciplinary Board as they existed prior to the 4–5 November 2023 congress shall provisionally assume their duties until the ruling becomes final. A precautionary measure decision has been issued and shall be sent to the High Election Board, the Ankara Provincial Election Board, the Çankaya 4th District Election Board, and the Ankara Governorship as required.

Gülsüm Hale Özcömert Coşkun was appointed to lead the CHP Istanbul Provincial Administration by court order. The chamber issued its ruling unanimously, with the possibility of appeal to the Court of Cassation within two weeks.

Immediately after the announcement of the absolute invalidity ruling on 21 May 2026, following the conclusion of the weekly ordinary Central Executive Board (CEB) meeting, Özgür Özel convened an extraordinary meeting of the CEB. In response to calls from the CHP leadership, party members began gathering in front of and within the corridors of the central headquarters; soon, the entire street where the headquarters is located was filled.

At the entrance to the headquarters, some party members attempted to remove the photograph of Kemal Kılıçdaroğlu from the floor displaying portraits of former chairmen; despite efforts to prevent it, the photograph was removed and torn apart.

At 21:20, the court’s absolute invalidity ruling was officially delivered to the CHP Central Headquarters and to Kemal Kılıçdaroğlu. Following the ruling, the CHP Official X account unfollowed Kemal Kılıçdaroğlu. The extraordinary CEB meeting held after the ruling lasted approximately five hours.

CHP Central Headquarters, following the events, decided to hold an extraordinary meeting. Before the meeting, CHP Member of Parliament Gökhan Günaydın told the press: “It is too early to speak; we will evaluate after the meeting.”

Immediately after the announcement of the ruling, Kemal Kılıçdaroğlu stated in his first remarks: “All party members must receive the ruling with calm. Our party is a very large party. Our party will resolve its problems internally.”

In a statement on his social media account, Kılıçdaroğlu wrote: “The Republican People’s Party is the charter of our nation’s sovereignty. The court’s ruling regarding our 38th Ordinary Congress should not be an occasion for division but an opportunity to unite under our century-old plane tree. This is not a day for shouting at each other in joy. This is a day to set aside grievances, rise with seriousness, calmness, and embrace. We must manage this process not with ‘bargains’ but with seriousness, sincerity drawn from our party culture, and collective wisdom. Personal ambitions are not the basis; Turkey’s future is. In this context, we will manage this process in full harmony and cooperation with our previous General Chairmen, our Party Assembly members, our Members of Parliament, and our provincial and district chairmen. Let no one be concerned; we will emerge from these debates stronger and continue our path to power. I invite everyone to calmness and collective wisdom. We are together.”

Kemal Kılıçdaroğlu’s lawyer Celal Çelik made the following statement to journalists in front of Kılıçdaroğlu’s home: “Our esteemed General Chairman, in his assessment aimed at preventing chaos within the CHP, will shortly call Özgür Özel and indicate that he will begin necessary efforts to jointly address this issue and emerge from it together. Therefore, I wish to inform you that Özgür Özel will shortly be contacted by our esteemed General Chairman.”

CHP General Chairman Özgür Özel, immediately after the absolute invalidity ruling, published a video of a previous speech on his social media account. In the video, he said: “I do not promise you a path to power through rose gardens. I promise you endurance of pain but not surrender. I promise you honor, dignity, courage, and struggle!”

After the approximately five-hour CEB meeting, Özel stated that they had no intention of considering a second party option: “We are the hosts here; tenants leave, owners stay. The true owners of the hearth decide who sits at the hearth.”

“A second party, a backup party option, may be on the agenda of all political parties in Turkey, but it is a precaution against a closure case. We did not consider such a precaution against invalidity,” he added.

Özel stated that they had filed their first appeal with the Court of Cassation and would also apply to the HIB. He said they expected the Court of Cassation to review the appeal regarding the precautionary measure “urgently.”

Addressing the crowd gathered in front of the party headquarters, Özel said: “From this moment until the danger is eliminated and until the CHP members, not the judicial branches of the AK Party, decide who will lead the party, I will remain in this building, in my office, and I will not go anywhere.” Calling for demonstrations in the streets, Özel added: “If necessary, we will stop our lives; if necessary, we will use the power derived from our consumption, but we will not surrender.”

Özel also noted in his press statement that Kılıçdaroğlu had called him by phone but he had not yet returned the call. Özel emphasized that he would not accept any compromise based on the invalidity ruling, stating that any contact to legitimize the judicial decision was inconceivable: “I do not wish to even imagine the possibility that Kılıçdaroğlu, who was democratically and honorably elected to the CHP chairmanship, would return to that position through the hand of the AK Party judiciary. But certain statements and approaches suggest this possibility.”

CHP Deputy General Chairman Burhanettin Bulut stated that they did not recognize the ruling. In his post on X, he wrote: “The owner of the CHP is not palaces, hidden dirty deals behind closed doors, or bureaucratic games. The owner of the CHP is the organization, the delegate, the people.” He added: “The General Chairman of the CHP is Özgür Özel and this fact is not open to debate.”

Justice Minister Akın Gürlek made the following statements regarding the ruling: “At the heart of this ruling lies the direct protection of democratic will. Regardless of which party is involved, the will of the delegate or member must not be compromised by interest, pressure, or manipulation. It must be emphasized that this process began with the applications of CHP delegates themselves and was shaped by the testimonies and statements of CHP delegates. Judicial authorities carefully examined the allegations, investigation files, witness statements, and evidence collected and rendered their decision independently and impartially.”

Gürlek added: “Of course, the appeal process remains open. The process will continue within the legal order. It is of great importance that everyone respects this process and makes their assessments within the legal framework and pursues their objections within the legal order. Our fundamental principle is clear: the will belongs to the nation, to the delegate, to the members. The rule of law stands firm against any element that casts a shadow on this will.”

Ankara Metropolitan Mayor Mansur Yavaş stated on his social media account: “The absolute invalidity ruling against the Republican People’s Party is one of the clearest indications of how severely democracy, the rule of law, and the will of the nation are being suppressed in Turkey. Moreover, one of the most striking and alarming points here is that the court has effectively concluded that ‘fraud occurred in the election’ before the criminal cases have been concluded; this amounts to the civil court replacing the criminal court. In a rule of law state, no individual or institution may substitute itself for an unresolved judicial process.”

Yavaş added: “Of course, there is a judicial ruling, and no decision is disregarded in a rule of law state. However, legal processes must not be turned into tools to weaken, divide, or eliminate political parties.” He added: “What must be done is not to escalate tensions but to act with reason and announce that the party will hold a congress within one or two months and manage the process within democratic norms.”

DEM Party stated: “The absolute invalidity ruling against the CHP is part of a political pressure operation and mindset that seeks to design politics through the judiciary, incompatible with law and justice. As DEM Party, as we have always been, we stand with democracy and the rule of law. Our fundamental and principled doctrine for decades has been to stand with the will of the people against attacks on democratic politics.” The statement also called for an immediate end to unlawful practices.

A statement was issued on behalf of the removed Istanbul Metropolitan Mayor and CHP presidential candidate Ekrem İmamoğlu on his social media account. İmamoğlu stated: “We are determined to resist together the political coups carried out by Erdoğan’s mindset through the judiciary.” He evaluated the absolute invalidity ruling as “a coup against Turkey, democracy, and the Republic” and “an attempt to destroy the constitutional order.” He added: “The matter is serious. Parties are above all. It is time for the nation to claim Turkey.”

MHP General Chairman Devlet Bahçeli called on Kemal Kılıçdaroğlu and Özgür Özel to find a common path based on the interests of the CHP.

CHP İzmir Member of Parliament Mahir Polat said in front of Kılıçdaroğlu’s residence: “Together, embracing each other without enmity within the party, we will continue our path to power. One thing everyone must know: the Republican People’s Party will produce politics and become a party that addresses the problems of Turkey and the region. May the outcome be beneficial for our party. I want to say that together we will emerge stronger from this process.”

CHP Aydın Member of Parliament Hüseyin Yıldız said: “The Republican People’s Party has existed for 103 years and will continue to exist. In the coming period, under the leadership of our General Chairman Kemal Kılıçdaroğlu, our Party Assembly members, our provincial and district organizations, and our parliamentary group will unite around our single goal: to reach power.”

The Arabic-origin term “butlan” means invalidity. In law, it is defined as one of the types of invalidity in legal proceedings. Absolute invalidity refers to the nullity of a legal act from its inception due to violation of mandatory legal provisions.

Enforcement officers delivered the precautionary measure ruling issued by the Ankara Regional Court of Justice 36th Civil Chamber in the CHP congress case to Kemal Kılıçdaroğlu, who had been reinstated as CHP General Chairman. It was decided that the officers would also deliver the ruling to the CHP Central Headquarters.

After the notification, plaintiff’s lawyer Onur Yusuf Üregen told journalists: “This ruling once again demonstrates how right we were in this case. What follows is internal party affairs and internal politics. A new process has now begun. I wish our General Chairman, Mr. Kemal Kılıçdaroğlu, success and believe he will bring the party together.” Üregen added: “Yes, at this moment, our General Chairman is Kemal Kılıçdaroğlu.”

CHP filed an objection to the chamber that issued the ruling regarding the precautionary measure. The chamber reviewed the objection and rejected it. The ruling stated that the main case had been decided on its merits and the precautionary measure had been ordered accordingly; there is no legal mechanism for objection against precautionary measures, and all requests and rulings concerning precautionary measures become final at the appellate stage.

The ruling stated: “Since the precautionary measure ruling issued by our chamber is final, it was necessary to reject the defendant’s counsel’s request for objection.” The chamber’s ruling referenced Articles 394 and 362 of the Code of Civil Procedure, titled “Objection to Precautionary Measure Rulings” and “Non-Appealable Rulings,” respectively, noting that no legal mechanism exists for objection against precautionary measures issued by appellate courts and that the ruling is final. The ruling also referenced provisions of the Code of Civil Procedure stating that the enforcement of precautionary measures does not suspend the objection process. This ruling was adopted unanimously and definitively on 22 May 2026.

Ankara Regional Court of Justice’s ruling removed Özgür Özel from the position of CHP General Chairman. In a speech at the party headquarters the previous day, he announced that they had filed their first legal objection with the Court of Cassation and would also apply to the HIB.

Following the absolute invalidity ruling, the party leadership held successive meetings to assess the political and legal roadmap. Özgür Özel met with CHP metropolitan mayors on 22 May 2026 after the CEB meeting.

High Election Board (HIB) Chairman Serdar Mutta made statements after a meeting with board members. Mutta noted that various applications had been submitted to the HIB by Mehmet Hadimi Yakupoğlu and CHP’s lawyer Kadri Gökhan Sultan following the ruling by the Ankara Regional Court of Justice 36th Civil Chamber.

HIB Chairman Mutta stated regarding the petition submitted to the board on 22 May signed by CHP High Election Board Representative Mehmet Hadimi Yakupoğlu: “In summary, the petition requests that the High Election Board determine, based on Article 79 of the Constitution, that the elections held at the 22nd Extraordinary Congress on 21 September 2025, the Istanbul Extraordinary Provincial Congress on 24 September 2025, the Istanbul 39th Extraordinary Provincial Congress on 19 October 2025, and the CHP 39th Ordinary Congress on 28–30 November 2025 are valid, and that the delegates elected at the 4–5 November 2023 Ordinary Congress retain their delegate status, since the enforcement of the precautionary measure ordered by the Ankara Regional Court of Justice 36th Civil Chamber is materially and legally impossible. The HIB rejected this request.

HIB Chairman Mutta stated that no decision was made regarding the request submitted by CHP’s lawyer Sultan in the petition, which argued that the delegate status of Yakupoğlu, who had been removed from his position as CHP HIB representative by Kemal Kılıçdaroğlu provisionally reinstated as General Chairman, should not be accepted. Mutta also stated that the letter sent by the appellate court to the HIB was returned without action.

Kemal Kılıçdaroğlu’s Press Advisor Atakan Sönmez made statements to journalists in front of Kılıçdaroğlu’s residence and answered questions.

Sönmez rejected information from a statement by IYI Party General Chairman Müsavat Dervişoğlu, who claimed that Kılıçdaroğlu would make his first visit to President Recep Tayyip Erdoğan and MHP General Chairman Devlet Bahçeli and that this would be significant. Sönmez emphasized that Kılıçdaroğlu has no meeting schedule or initiative with any party leader or politician, nor has any such request been made by the other side.

Sönmez recounted the telephone conversation between Kılıçdaroğlu and Özel as follows: “We said that during the day, there were mutual calls, but neither side was available at the time. Just now, this conversation took place. When Mr. Kemal Kılıçdaroğlu called again, he could not reach Mr. Özgür Özel. Özgür Özel returned the call. A conversation took place between Mr. Kemal Kılıçdaroğlu and Mr. Özgür Özel. In the conversation, Mr. Kemal Kılıçdaroğlu conveyed his intention to take the party to a congress at the earliest suitable time. Özgür Özel also indicated that his own demands align with this and expressed satisfaction. He said he would discuss this with his associates and then respond to Mr. Kılıçdaroğlu.”

Sönmez responded to the question “What do you mean by ‘earliest’?” with: “We did not say ‘earliest.’ We said ‘most suitable.’ We did not set a timetable.” In response to the question “Was there any intention expressed regarding a face-to-face meeting?”, he replied: “There was no such thing in the content of this conversation.”

Istanbul Public Prosecutor’s Office announced that, as part of the investigation into allegations of interference with delegates’ voting will during the CHP 38th Ordinary Congress, thirteen suspects in seven provinces were taken into custody.

The prosecutor’s office stated: “As a result of investigations conducted by the Istanbul Provincial Directorate of Security, Financial Crimes Prevention Branch, thirteen suspects suspected of committing crimes including ‘violation of the Political Parties Law,’ ‘accepting bribes,’ and ‘laundering assets derived from crime’ have been taken into custody. Searches and seizures have been carried out at addresses in Istanbul, Ankara, İzmir, Şanlıurfa, Kahramanmaraş, Kilis, and Malatya.”

The names of the suspects taken into custody are as follows: Gülhan Aydın, Sadi Karayalçın, Melda Tanışman Tutan, Hayati Kaya, Suat Dülger, Kalender Özdemir, Özkan Deniz, İbrahim Şahin, Umut Sapan, Mehmet Ayıp Demirbüken, Metin Kaya, Gaffar Çiçek, and Ayça Akpek Şenay. Their procedures at the police station are ongoing.