ANALYSIS:  Erdogan’s main rival Imamoglu’s diploma invalidated.  What next?

A university invalidated the diploma of Istanbul Mayor Ekrem Imamoglu on Tuesday, in a move widely perceived as politically motivated to block the popular opposition figure and President Recep Tayyip Erdogan's key rival from running in the next presidential race.  This triggers a lenghty legal battle for Imamoglu’s attorneys to have courts reverse the decision. What happens if elections  are called during the appeals process?   Istanbul University nullified Imamoglu’s diploma, citing alleged irregularities in his 1990 transfer from a private university in northern Cyprus to its Faculty of Business Administration. The decision disqualifies Imamoglu him from running for president — a position that requires candidates to hold a university degree. Imamoglu is expected to appeal.   The decision comes just days before the main opposition Republican People’s Party (CHP) is scheduled to hold a primary election, where Imamoglu was expected to be chosen as its presidential candidate. The next presidential vote is scheduled for 2028, but early elections are likely. [embed]https://www.youtube.com/watch?v=uJYhess_NQo&t=553s[/embed] Imamoglu, 53, called the university's decision “illegal.”   “The days when those who made this decision will be held accountable before history and justice are near. The march of our people, who are thirsty for justice, law, and democracy, cannot be stopped,” he wrote on X.   He has faced a series of legal challenges. In 2022, he was convicted of insulting members of Turkey’s Supreme Electoral Council in a case that could result in a political ban. He is appealing his conviction.   He faces multiple other lawsuits, including allegations of trying to influence a judicial expert investigating opposition-led municipalities. That case could result in a prison sentence and a political ban.   Imamoglu was elected mayor of Turkey’s largest city in March 2019. His win was a historic blow to Erdogan and the president’s Justice and Development Party, which had controlled Istanbul for a quarter-century. The party pushed to void the municipal election results in the city of 16 million, alleging irregularities.   The challenge resulted in a repeat of the election a few months later, which Imamoglu also won.   The mayor retained his seat following local elections last year, during which the CHP made significant gains against the governing party.  

What next?

  Imamoglu’s legal team was fully  prepared by the Istanbu U’s move, and will immediately file a request for injunction in a local court.   The cancellation of İmamoğlu's diploma is an administrative decision. İmamoğlu's lawyers will now start the legal fight. If an election decision is made during the process that will go all the way to the Constitutional Court and the ECHR, the Supreme Electoral Council of Turkey will decide on İmamoğlu's candidacy competence. İmamoğlu's lawyer explained the process to Cumhuriyet as follows:   The cancellation of the diploma is a new administrative action in the form of the withdrawal of an administrative action. Therefore, a lawsuit will be filed in the Istanbul Administrative Courts. If the case is concluded against him, an appeal will be filed with the Regional Administrative Court. Following the appeal review, an appeal will be filed with the 8th Chamber of the Council of State. If a stay of execution is not issued during the case process, there will be no higher education graduation. This point is highly contentious, because Supreme Electoral Council is the ultimate authority in certifyinh candiday and holds the statıs of a High Court, the rulings of which can not be challenged by others.  There is ample precedent, mostly from the candidacy of Kurdish politicians sued for aiding   and abetting PKK terror that until final court ruling, a person is eligible to run for elected office. Since this investigation is a usurpation of authority and therefore categorized as "judicial harassment", a double-lane application will be filed with the Constitutional Court and the European Court of Human Rights in accordance with Article 18 of the ECHR."   Turkish press sources   IMPORTANT DİSCLOSURE:  PA Turkey intends to inform Turkey watchers with diverse views and opinions.  Articles in our website may not necessarily represent the view of our editorial board or count as endorsement.     Follow our  English language YouTube videos  @ REAL TURKEY:   https://www.youtube.com/channel/UCKpFJB4GFiNkhmpVZQ_d9Rg And content at Twitter: @AtillaEng Facebook:  Real Turkey Channel:   https://www.facebook.com/realturkeychannel/