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By-Election Debate: Özgür Özel Rejects Erdoğan’s Veto

CHP Özgür Özel

A sharp constitutional by-election debate has emerged in Türkiye as CHP leader Özgür Özel condemned President Erdoğan’s dismissal. Following a meeting with TİP leader Erkan Baş in Istanbul on April 8, 2026, Özel argued that the executive branch has no legal authority to block a by-election, calling the President’s stance a “violation of the constitution.”

The debate centers on Article 78 of the Turkish Constitution, which mandates that a by-election may be held once per term, provided that 30 months have elapsed since the general election and at least 1 year remains before the next general election.

The Constitutional Conflict: Executive vs. Legislative

Özel’s primary criticism is that by-elections fall under the jurisdiction of the TBMM (Grand National Assembly), not the Presidency.

“Saying ‘a by-election is not on our agenda’ is an intervention by the executive into the legislative branch,” Özel stated. “Who do you think you are to say ‘it’s not on our agenda’ for a task that belongs to the Parliament?”

Key points of the legal dispute include:

  • The 30-Month Rule: General elections were held in May 2023. As of November 2025, the 30-month legal waiting period has expired, making a by-election legally permissible until May 2027.

  • Vacant Seats: Currently, there are vacant seats in Parliament due to deaths, appointments to ministerial posts, and the controversial removal of Can Atalay’s mandate.

  • Mandatory Threshold: If vacancies reach 5% (30 seats) of the total 600 members, a by-election becomes a mandatory constitutional requirement within three months.

By-Election Debate: Strategic Pressure and Early Election Demands

Özgür Özel framed the government’s reluctance as a sign of political weakness. He noted that the AKP is “fleeing from the ballot box” in provinces such as Hatay, Kocaeli, and Istanbul, where the opposition believes that shifting voter sentiment would lead to a government defeat.

The CHP leader suggested that a successful by-election in these regions would inevitably accelerate the push for a full early election. “He knows that a by-election will reveal how much support he has lost, and then he won’t be able to escape an early general election,” Özel remarked.

Broader Democratic Front

The meeting with Erkan Baş also touched upon several other critical issues for the 2026 political calendar:

  1. Can Atalay Case: Demands for the immediate reinstatement of the imprisoned MP following Constitutional Court rulings.

  2. May 1st Celebrations: Calls for the lifting of the ban on Taksim Square for International Workers’ Day.

  3. Sovereignty Alliances: A call for a “Democrat Alliance” against “autocratic” governance styles.

Özel announced plans to visit TBMM Speaker Numan Kurtulmuş next week, alongside 13 other political parties, to formally demand adherence to constitutional rules regarding the by-election and judicial rulings.

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