Décision judiciaire de Conseil d'Etat, 14 décembre 1977 (cas Conseil d'Etat, 3 / 5 SSR, du 14 décembre 1977, 08204)
Date de Résolution | 14 décembre 1977 |
Juridiction | Council of State (France) |
Nature | Décision |
REQUETE DU SIEUR X... TENDANT A L'ANNULATION DU JUGEMENT DU 18 MAI 1977, DU TRIBUNAL ADMINISTRATIF DE VERSAILLES ANNULANT SON ELECTION AU PREMIER TOUR DES OPERATIONS ELECTORALES QUI ONT EU LIEU LE 13 MARS 1977 DANS LA COMMUNE D'ANGERVILLIERS EN VUE DU RENOUVELLEMENT DU CONSEIL MUNICIPAL ; VU LE CODE ELECTORAL ; LE CODE DES COMMUNES ; L'ORDONNANCE DU 31 JUILLET 1945 ET LE DECRET DU 30 SEPTEMBRE 1953 ; LE CODE GENERAL DES IMPOTS ;
CONSIDERANT QUE L'ARTICLE L. 238 DU CODE ELECTORAL DISPOSE NOTAMMENT QUE "DANS LES COMMUNES DE PLUS DE 500 HABITANTS, LES CONJOINTS, LES ASCENDANTS ET LES DESCENDANTS, LES FRERES ET SOEURS ET LES ALLIES AU MEME DEGRE NE PEUVENT ETRE SIMULTANEMENT MEMBRES DU MEME CONSEIL MUNICIPAL. L'ARTICLE 25 DU CODE DE L'ADMINISTRATION COMMUNALE ART. R. 121-11, C. DES COMM. EST APPLICABLE AUX CAS PREVUS A L'ALINEA PRECEDENT. TOUTEFOIS, EN CE QUI CONCERNE LES ALLIES, L'AFFINITE CESSE LORSQUE LA PERSONNE QUI LA PRODUISAIT ET LES ENFANTS ISSUS DE SON UNION AVEC L'AUTRE EPOUX Z... DECEDES, ET, DANS LE CAS DE DIVORCE, LORSQU'IL N'EXISTE PLUS D'ENFANTS VIVANTS ISSUS DU MARIAGE" ; CONS. QUE...
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