According to Article 11 of the Administrative Procedure Law, it is possible to object to the actions taken by the municipal council before filing a lawsuit. The objection must be made to a higher authority, not to the authority that took the decision. As stated above, the actions taken by the municipal council in the process of fulfilling its duties regulated in Article 34 of the Municipal Law No. 5393 are administrative actions. Therefore, within 60 days following the notification of the decision of the municipal council to the relevant person, the administrative action in the decision of the municipal council may be subject to an action for cancellation. In other words, it is possible to file an action for annulment before the administrative courts within 60 days against the decision of the municipal council notified to the relevant person.
It is also important to note that the annulment lawsuit filed against the decisions of the municipal council does not stop the execution of the administrative act being sued. If irreparable damage has occurred or is likely to occur in the event of the implementation of the decision in question, a stay of execution may be requested in the cancellation lawsuits to be filed. In case the conditions specified in Article 27 of the İYUK numbered 2577 are met, the court may suspend the execution of the decision of the municipal council.
The objection against the decisions of the municipal council is regulated in Article 11 of the Administrative Procedure Law No. 2577. As stated in the article, anyone who is concerned with the action taken or the decision made by the municipal council may request from the higher authorities to abolish, change or issue a new decision. In the absence of a higher authority, this request shall be addressed to the authority that took the action. It is possible to file an action for annulment directly for the decisions of the municipal council, or it is also possible to try the objection procedure before filing a lawsuit. However, it is important to note that in order to file a lawsuit, it is not necessary to have first objected to the relevant decision or procedure.