Legal Challenge Filed Against Trustee Appointment in Şişli Municipality
şişli
A legal case has been filed at the Istanbul Administrative Court to annul the government’s appointment of a trustee (kayyum) to Şişli Municipality, following the arrest of its elected mayor, Resul Emrah Şahan.
The lawsuit was confirmed by Şahan’s lawyer, Hüseyin Ersöz, who announced the legal action via his social media account, calling the move a violation of democratic and constitutional principles.
Trustee Appointment Challenged in Court
Mayor Şahan was detained as part of a broader investigation, prompting the Ministry of Interior to suspend him from duty. Subsequently, the Istanbul Governor’s Office appointed a mayoral trustee to oversee the municipality’s operations.
According to attorney Hüseyin Ersöz, the decision to remove Şahan from office and appoint a trustee was both “unconstitutional and disproportionate.” The legal team has requested the annulment of both the suspension and the trustee assignment on the grounds of constitutional violations.
“We have filed a lawsuit at the Istanbul Administrative Court for the annulment of the Ministry of Interior’s decision to suspend Şişli Mayor Resul Emrah Şahan, and the governorate’s trustee appointment,” said Ersöz.
Constitutional Appeal Over Electoral Rights
The lawsuit further requests that Articles 45 and 46 of the Turkish Municipal Law, which provide the legal basis for such dismissals and appointments, be referred to the Constitutional Court for review. The legal team argues that these articles infringe upon the right to vote and be elected, and violate the constitutional separation between central government and local administration.
Ersöz emphasized that the use of these legal provisions enables the central government to override local democratic will, undermining the principle of local autonomy enshrined in the Turkish Constitution.
Esenyurt Case Also Cited
Ersöz also noted that a similar lawsuit is ongoing regarding the Esenyurt Municipality, where Mayor Ahmet Özer was also removed from office and replaced with a trustee. Both cases are being closely watched as key legal precedents that could shape the future of local governance and democratic accountability in Türkiye.