Décision judiciaire de Conseil d'Etat, 2 décembre 1977 (cas Conseil d'Etat, 2 / 6 SSR, du 2 décembre 1977, 08127, mentionné aux tables du recueil Lebon)
Date de Résolution | 2 décembre 1977 |
Juridiction | Council of State (France) |
Nature | Décision |
VU LA REQUETE PRESENTEE PAR LE SIEUR Z... COUDRAIS, AGRICULTEUR, DEMEURANT AU BOUEXIC COMMUNE DE LA CHAPELLE-BOUEXIC, DEPARTEMENT D'ILLE-ET-VILAINE, ENREGISTREE AU SECRETARIAT DU CONTENTIEUX DU CONSEIL D'ETAT LE 21 JUIN 1977 ET TENDANT A CE QU'IL PLAISE AU CONSEIL ANNULER LE JUGEMENT EN DATE DU 18 MAI 1977 PAR LEQUEL LE TRIBUNAL ADMINISTRATIF DE RENNES A ANNULE SON ELECTION COMME MEMBRE DU CONSEIL MUNICIPAL DE LA COMMUNE DE LA CHAPELLE-BOUEXIC A LA SUITE DES OPERATIONS ELECTORALES DU 20 MARS 1977;
VU LES PIECES PRODUITES DESQUELLES IL RESULTE QUE COMMUNICATION DE LA REQUETE A ETE DONNEE AU MINISTRE DE L'INTERIEUR, LEQUEL N'A PAS PRODUIT D'OBSERVATIONS ; VU LE PROCES-VERBAL DES OPERATIONS ELECTORALES; VU LES AUTRES PIECES PRODUITES ET JOINTES AU DOSSIER ; VU LE CODE DE L'ADMINISTRATION COMMUNALE ; VU LE CODE ELECTORAL ; VU L'ORDONNANCE DU 31 JUILLET 1945 ET LE DECRET DU 30 SEPTEMBRE 1953 ;
CONSIDERANT QU'AUX TERMES DE L'ARTICLE L.238 DU CODE ELECTORAL : "DANS LES COMMUNES DE PLUS DE 500 HABITANTS, LES CONJOINTS, LES ASCENDANTS, LES FRERES ET SOEURS, ET LES ALLIES AU MEME DEGRE NE PEUVENT ETRE SIMULTANEMENT MEMBRES DU MEME CONSEIL MUNICIPAL ... ". "TOUTEFOIS EN CE QUI...
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