11 Of The Law On Administrative Proceedings. according to the article, a case has been opened against the process that is created by the municipal council before it is possible to appeal. The authority that made the decision not to process the appeal, must be made to a higher authority. As mentioned above, 34 of the Municipal Code No. 5393 of the municipal council. The transactions carried out in the process of performing the duties regulated in the article have the nature of administrative transactions. For this reason, within 60 days from the notification of the decision of the municipal council to the relevant person, the administrative procedure contained in the decision of the municipal council may be the subject of an annulment lawsuit. In other words, it is possible to file an annulment lawsuit in administrative courts within 60 days against the decision of the municipal council notified to the relevant person.
It should also be noted that the annulment lawsuit filed against the decisions of the municipal council does not stop the execution of the administrative procedure being sued. If the decision in question is applied, if irreparable harm has occurred or if there is a possibility of compensation, a stay of execution may be requested in the cancellation cases to be filed. 27 of the IYUK No. 2577. In the event of the occurrence of the conditions specified in the article, the court may stop the execution of the decision of the municipal council.
The subject of appeal against the decisions of the municipal council is regulated in article 11 of the Administrative Trial Procedure Law No. 2577. As stated in the article, anyone who is interested in the action taken or the decision made by the municipal council may request from the higher authorities that this decision be removed, amended or a new decision be made. In the absence of any higher authority, this request is directed to the authority that performs the operation. Just as a direct annulment lawsuit can be filed for the decisions of the municipal council, it is also possible to try the appeal method before filing a lawsuit. However, it should be noted that in order to file a lawsuit, it is not necessary to have objected to the relevant decision or transaction in the first place.