2024-04-18 15:18:06
Invalid for violation of law and essential type of the procedure was judged by the Decentralized Administration of Epirus – West. Macedonia, the decision of the Municipality of Ioannita on the subject of “Election of representatives of the Municipality of Ioannita for the Board of Directors of the Compulsory Solid Waste Management Association, a fact that leads to the postponement of the elections scheduled for the afternoon.
The municipal councilor of the faction “Yiannena Nea Epochi” Yannis Aivatidis had appealed against the decision, with his appeal consisting in the fact that he was chosen by the mayor to be nominated as one of the three representatives of the majority for the Board of Directors. of ASDSA Epirus municipal councilor of the minority – Tatiana Kalogianni. As was argued in the municipal council meeting by the major opposition, once a minority municipal councilor is chosen, his election should be the right of the minority, with the municipal authority arguing that it has the right to choose and to vote for whoever she wants. In the end, T. Kalogiannis was outvoted by the majority, without the minority participating in the election.
The Decentralized Administration rejects as inadmissible the appeal of I. Aivatidis, due to a lack of legitimate interest, however at the same time it identifies an issue in the context of ex officio legality control. As analyzed in the reasoning of the decision, the election of the representative of the minority – G. Arletou – was correctly made by the municipal councilors of the minority, however the procedure is not applied proportionally to the representatives of the majority, therefore the procedure does not require two majority electoral bodies and minority and wrongly followed. According to the grammatical interpretation of the law, if the minority elects its candidate representative, then all the municipal councilors vote for the other representatives of the Association.
Simply put, those nominated by the mayor should have been voted on by all councilors, which was not done. As it was not done in other cases, not only in the Municipality of Ioannita, but also in other municipalities, for which also the nullity of their decisions will arise given that the legality check is done ex officio.
An appeal can be made against the decision to the Special Committee of article 152, with information that they want the municipal authority not to choose this road, although they consider the reasoning behind the decision to be wrong. This choice has to do with the desire to run the procedures, considering that it will gain time by repeating the election of the representatives at the next meeting of the municipal council. It remains to be seen whether he will again choose to nominate Tatiana Kalogianni as well or will make a safer choice, so as not to give the right to the main opposition faction for new appeals, given that information wants the rationale for the annulment of the decision to be already met different interpretations on her part.