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 by unanimous vote on 21 May 2026. The court determined that the Republican People’s Party (CHP)’s 38th Ordinary Elected Congress, held on 4–5 November 2023, was null and void due to absolute invalidity ("mutlak butlan") and ordered its cancellation as of the date it was held. According to the Turkish Language Association, the Arabic-origin term "butlan" means invalidity, and in law, it is one of the types of invalidity in legal proceedings.

The ruling ordered that the previous party leader, Kemal Kılıçdaroğlu, and party organs resume their duties exactly as before, while the current party leader, Özgür Özel, and his administration were temporarily removed from office. This ruling was issued with the option of appeal to the Court of Cassation within two weeks. Following the ruling, various legal objection procedures were initiated between 22–23 May 2026.

CHP’s 38th Ordinary Elected Congress was held on 4–5 November 2023; in this congress, Özgür Özel won the leadership contest against Kemal Kılıçdaroğlu.

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 from office. These annulment lawsuits were consolidated into a single file at the Ankara 42nd Primary 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 prepared indictment 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 over corruption allegations, on charges of "fraudulent manipulation of voting." In the indictment, former CHP leader Kemal Kılıçdaroğlu was designated as the victim and Lütfü Savaş as the complainant.

CHP’s Istanbul Provincial leadership was removed from office and replaced by a trustee, after which a 21st Extraordinary Congress of the CHP was held on 6 April 2025; Özgür Özel was re-elected as party leader.

Ankara 42nd Primary Civil Court, in its hearing on 24 October 2025, ruled that the main lawsuit seeking annulment of the CHP’s 38th Ordinary Congress was "without subject matter" and therefore no ruling was warranted. In its assessment of the consolidated files, the court dismissed 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 main case and 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 cases of the Ankara 3rd Primary Civil Court, the Ankara 26th Primary Criminal Court, the Istanbul 45th Primary Civil Court, and the Istanbul 72nd Primary Criminal Court were jointly assessed.

In the appellate review, the first instance court’s assessment of "lack of subject matter" was found to be inconsistent with the law. The chamber concluded that subsequent extraordinary congresses and conventions could not rectify the legal irregularities found in the original congress. The chamber’s ruling stated that the congresses were "corrupted by power dynamics" and "invalid due to absolute invalidity (absolute nullity) for violating mandatory legal provisions."

The ruling further stated that extraordinary congresses held after a legally non-existent and invalid congress cannot eliminate prior legal defects, and that the plaintiffs’ legal interest in pursuing the case remained intact.

The appellate ruling incorporated findings from the public prosecutor’s investigations in the case files. The findings were summarized as follows:

"The suspect, Ekrem İmamoğlu, who served as Mayor of Istanbul and as Chairman of the CHP 38th Ordinary Congress, orchestrated, 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 candidate Özgür Özel; others were offered candidacy for municipal mayoral and municipal council positions in various provinces and districts; some delegates and their relatives were employed in CHP-affiliated municipalities and their affiliated companies; a number of delegates and their relatives were given large quantities of supermarket gift cards; these delegates were asked to photograph their ballots and send them to the organizers; after the first round of voting, the transition to the second round was delayed, and false statements were made claiming that Kemal Kılıçdaroğlu had withdrawn his candidacy; through these actions, the will of the delegates was manipulated to ensure the victory of the general candidate Özgür Özel. It is understood that the suspects acted collectively and committed the crime of vote manipulation, which led to the initiation of a public prosecution."

The ruling cited Law No. 2820 on Political Parties, emphasizing that decisions and actions concerning internal party affairs, party management, oversight, and elections for party organs must not violate the party’s charter, 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) on 3 October 2024 by a decision of the CHP Central Executive Board under a request for "disciplinary expulsion," and was permanently expelled from the party by the HDB’s decision on 11 December 2024. Similarly, the other plaintiff, Yılmaz Özkanat, who was also expelled from the party, had legally lost his status as a "party member and delegate" as of the date the lawsuit was filed, and therefore lacked standing to initiate the lawsuit. It was emphasized that complaints from delegates with proper standing had been evaluated.

Ankara BAM 36th Civil Chamber, in its unanimous ruling on 21 May 2026, accepted the appeals filed against the main case and the consolidated files, and overturned the ruling of the Ankara 42nd Primary 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 invalid due to absolute nullity for violating mandatory legal provisions."

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

The ruling determined that, due to the annulment of all ordinary and extraordinary congresses and their decisions, the situation prior to the 38th Ordinary Elected Congress held on 4–5 November 2023 must be restored, and that Kemal Kılıçdaroğlu, the party leader before the congress, and party organs must resume their duties exactly as before.

The ruling included the following statements: "Due to the invalidity by absolute nullity 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 temporarily removed from office, and Kemal Kılıçdaroğlu, who held office before the congress, along with members of the Party Assembly and the High Disciplinary Board, are temporarily assigned to their duties until the decision becomes final. A precautionary measure decision has been made to send this to the High Election Board, the Ankara Provincial Election Board, the Çankaya 4th District Election Board, and the Ankara Governorship.

Gülsüm Hale Özcömert Coşkun has been appointed to the CHP Istanbul Provincial Leadership by court order. The chamber issued its ruling by unanimous vote, with the option of appeal to the Court of Cassation within two weeks.

Immediately after the announcement of the absolute nullity ruling on 21 May 2026, following the conclusion of the weekly ordinary Central Executive Board (CEB), Özgür Özel convened an extraordinary meeting of the CEB. Following the party’s calls, party members began gathering in front of and in 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 party leaders; despite attempts to prevent them, the photograph was removed and torn apart.

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

CHP Central Headquarters, following the developments, decided to hold an extraordinary meeting. Before the meeting, CHP Member of Parliament Gökhan Günaydın, in a brief statement to the press, said, "It is too early to speak; we will evaluate after the meeting."

Immediately after the announcement of the ruling, Kemal Kılıçdaroğlu, in his first statement, said, "All party members should respond to the ruling with calm. Our party is a very large party. Our party will resolve its problems internally."

In his social media statement, Kılıçdaroğlu wrote: "Republican People’s Party is the charter of our nation’s sovereignty. The court’s ruling regarding our 38th Ordinary Congress should not be a cause 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, and rise together with seriousness, calm, and embrace. We must manage this process not with 'bargains,' but with seriousness, sincerity drawn from our party culture, and common sense. Personal ambitions are not the priority; Turkey’s future is. In this context, we will manage this process in full harmony and cooperation with our previous party leaders, members of the Party Assembly, our members of parliament, and our provincial and district leaders. No one should be concerned; we will emerge from these debates stronger and continue our path to power. I invite everyone to calm and common sense. We are together."

Kemal Kılıçdaroğlu’s lawyer Celal Çelik, in front of Kılıçdaroğlu’s home to journalists, stated: "Our esteemed party leader, in his assessment aimed at preventing chaos within the CHP, will shortly call Özgür Özel and indicate that he will begin necessary efforts to address this issue together with CHP. Therefore, I wish to inform you that Özgür Özel will shortly be contacted by our esteemed party leader."

CHP Party Leader Özgür Özel, immediately after the absolute nullity 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 through pain, but not surrender. I promise you honor, dignity, courage, and struggle!"

After the approximately five-hour CEB meeting, Özel stated that they had not considered any alternative party option. "We are the hosts here; tenants leave, owners remain. The true owners of the hearth decide who sits there," he said.

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

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

Addressing the crowd in front of the party headquarters, Özel said, "From this moment until the danger is eliminated, and until the people of the CHP, not the judicial branches of the AK Party, decide who will lead the CHP, I will remain here, in my office, and go nowhere." Özel also called for demonstrations in the streets, saying, "If necessary, we will stop our lives; if necessary, we will use the power we derive from 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 nullity ruling, stating that any contact to legitimize the court decision was impossible: "I do not wish to even imagine the possibility that Kılıçdaroğlu, who was previously elected with honor and dignity to the CHP leadership, would return to the chair through the hand of the AK Party judiciary. But certain statements and approaches suggest this."

CHP Deputy Party Leader Burhanettin Bulut stated that they did not recognize the ruling. In his X account post, he said: "CHP is not owned by palaces, dirty deals behind closed doors, or bureaucratic games. CHP is owned by the organization, the delegates, and the people," and added, "CHP’s party leader is Özgür Özel, and this fact is not open to debate."

Minister of Justice Akın Gürlek made the following statements regarding the ruling: "At the heart of this ruling is the protection of democratic will. Because regardless of the party involved, the will of the delegate and the member cannot be compromised by interest, pressure, or manipulation. It must be emphasized that this process began with the petitions of Republican People’s Party delegates themselves and was shaped by the statements and testimonies of CHP delegates. Judicial authorities carefully examined the allegations, investigation files, witness testimonies, and evidence collected and rendered an independent and impartial decision."

Gürlek stated, "Of course, the appeal process is open. The process will continue within the legal framework. It is of great importance that everyone respects this process and makes their assessments within the legal framework, and raises their objections within the legal system. For us, the 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 Municipality Mayor Mansur Yavaş stated on his social media account: "The absolute nullity ruling regarding the Republican People’s Party is one of the clearest indications of how severely the rule of law, democracy, and the will of the nation are being suppressed in Türkiye. 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 establishing judgment. In a rule of law state, no individual or institution can replace an ongoing judicial process."

Yavaş stated, "Of course, there is a judicial ruling, and no decision is disregarded in a rule of law state. However, legal processes cannot 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’s statement included the following: "The absolute nullity ruling against the CHP is part of a political pressure operation and mindset that seeks to design politics through the judiciary, inconsistent with law and justice. As DEM Party, as in the past, today 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 on behalf of the removed Istanbul Metropolitan Municipality Mayor and CHP’s presidential candidate Ekrem İmamoğlu was issued on his social media account. İmamoğlu stated: "We are determined to fight together against political coups carried out by the Erdoğan mindset through the judiciary." He evaluated the absolute nullity ruling as a "coup against Türkiye, democracy, and the Republic" and an attempt to "destroy the constitutional order." He said, "The issue is serious. Parties are above all. It is time for the nation to claim Türkiye."

MHP Party Leader 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: "We will continue our path to power by embracing each other, without enmity within the party. One thing everyone must know: the Republican People’s Party will become a party that produces politics and addresses the problems of Türkiye and the region. Let the outcome be beneficial for our party. I want to say that we will emerge stronger from this process together."

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 our party leader Kemal Kılıçdaroğlu, together with our Party Assembly members, our provincial and district organizations, and our parliamentary group, our sole goal is to move toward power."

The Arabic-origin term "butlan" means invalidity. In law, it is defined as one of the types of invalidity in legal proceedings. Absolute nullity refers to a legal act being considered void ab initio 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 was reinstated to the CHP Party Leadership. It was decided that the officers would also deliver the ruling to the CHP Central Headquarters.

The plaintiff’s lawyer, Onur Yusuf Üregen, told journalists after the notification: "This ruling once again demonstrates our legitimacy in the case. The rest concerns the internal workings and internal politics of our party. A new process has now begun. I wish our party leader, Mr. Kemal Kılıçdaroğlu, well, and I am confident that he will bring the party together in unity." Üregen said, "Yes, at this moment, our CHP party leader is Kemal Kılıçdaroğlu."

CHP filed an objection to the chamber that issued the ruling regarding the precautionary measure. The chamber rejected the objection to the precautionary measure. The chamber’s ruling stated that a ruling on the merits of the case had been issued regarding the application of the precautionary measure, that there is no legal mechanism for objection to precautionary measures, and that all requests and rulings regarding precautionary measures become final at the appellate stage.

The ruling stated: "Since the precautionary measure ruling issued by our chamber is of final nature, it was necessary to reject the defendant’s counsel’s request for objection to the precautionary measure." The chamber’s ruling noted that the evaluation was conducted under Article 394 of the Code of Civil Procedure on "Objection to Precautionary Measure Rulings" and Article 362 on "Non-Appealable Rulings"; it was recorded that there is no legal mechanism for objection to precautionary measures issued by appellate courts and that the issued ruling is of final nature. Furthermore, reference was made to 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 finally on 22 May 2026.

Ankara Regional Court of Justice’s ruling removed Özgür Özel from the CHP Party Leadership. In his speech at the party headquarters yesterday, he announced that they had filed their first legal objection with the Court of Cassation against the absolute nullity ruling and stated they would also apply to the HIB.

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

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

HIB Chairman Mutta made the following statement regarding the petition submitted to the chairmanship by Mehmet Hadimi Yakupoğlu, the CHP’s representative to the HIB, dated 22 May: In the petition, it was requested, in summary, that the High Election Board determine, based on its authority under 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 Republican People’s Party 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, because the enforcement of the precautionary measure ruling issued by the Ankara Regional Court of Justice 36th Civil Chamber is materially and legally impossible. This request was rejected.

HIB Chairman Mutta stated that no decision was made regarding the request in the petition submitted by the CHP’s lawyer Sultan, which requested that the petitions submitted by Yakupoğlu, whose appointment as CHP HIB representative was terminated by Kemal Kılıçdaroğlu, who was temporarily appointed to the CHP Party Leadership, not be processed. Mutta also stated that the letter sent by the appellate court to the HIB was returned without any action.

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

Sönmez, recalling a statement by İYİ Party Leader Müsavat Dervişoğlu that "Kılıçdaroğlu will make his first visit to President Recep Tayyip Erdoğan and MHP Leader Devlet Bahçeli, and this is significant," rejected this information. Kılıçdaroğlu has no meeting schedule or initiative with any party leader or politician, and no such request has been made by the other side.

Sönmez described 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, so the conversation could not be held. 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 most suitable time to Mr. Özgür Özel. Özgür Özel also indicated that his requests are aligned with this and expressed satisfaction. He said he would discuss this with his friends and then respond to Mr. Kılıçdaroğlu."

Sönmez answered the question, "What do you mean by 'the earliest possible time'?" with: "We did not say 'earliest.' We said 'most suitable.' We did not set a schedule." 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 reported that, as part of the investigation into allegations of interference with delegates’ voting will during the CHP’s 38th Ordinary Congress, 13 suspects in seven provinces were taken into custody.

The statement from the prosecutor’s office included the following: "As a result of the investigations conducted by the Istanbul Provincial Directorate of Security, Financial Crimes Prevention Branch, 13 suspects suspected of committing the crimes of 'violation of the Political Parties Law,' 'accepting bribes,' and 'laundering assets derived from crime' have been taken into custody, and 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 Directorate of Security are ongoing.

It was reported that