Décision judiciaire de Conseil d'Etat, 23 novembre 1977 (cas Conseil d'Etat, 8 / 9 SSR, du 23 novembre 1977, 08677, mentionné aux tables du recueil Lebon)
Date de Résolution | 23 novembre 1977 |
Juridiction | Council of State (France) |
Nature | Décision |
VU LA REQUETE PRESENTEE POUR LE SIEUR Y... DEMEURANT A MOULIHERNE MAINE ET LOIRE LADITE REQUETE ENREGISTREE AU SECRETARIAT DU CONTENTIEUX DU CONSEIL D'ETAT ET TENDANT A CE QU'IL PLAISE AU CONSEIL ANNULER UN JUGEMENT EN DATE DU 20 MAI 1977 PAR LEQUEL LE TRIBUNAL ADMINISTRATIF DE NANTES A REJETE SA PROTESTATION CONTRE L'ELECTION DU 1ER TOUR, DU SIEUR X..., LE 13 MARS 1977, AU CONSEIL MUNICIPAL DE MOULIHERNE ;
VU LE CODE ELECTORAL ; VU LE CODE DE L'ADMINISTRATION COMMUNALE ; VU L'ORDONNANCE DU 31 JUILLET 1945 ET LE DECRET DU 30 SEPTEMBRE 1953 ; VU LE CODE GENERAL DES IMPOTS ;
CONSIDERANT QU'AUX TERMES DE L'ARTICLE L.231 DU CODE ELECTORAL "NE SONT PAS ELIGIBLES DANS LE RESSORT OU ILS EXERCENT LEURS FONCTIONS..... - 6° : ..... LES ENTREPRENEURS DE SERVICES MUNICIPAUX" ;
CONSIDERANT QUE NI LE FAIT D'AVOIR ETE CHARGE PAR UN MARCHE PASSE EN 1976, DE LA POSE D'UN EGOUT POUR LE COMPTE DE LA COMMUNE DE MOULIHERNE, NI CELUI D'AVOIR EXECUTE SUR LE TERRITOIRE DE CELLE-CI, MAIS POUR LE COMPTE DU SYNDICAT INTERCOMMUNAL A VOCATIONS MULTIPLES DE LA REGION DE LONGUE, DIVERS TRAVAUX DE VOIRIE, NE CONFERAIT AU SIEUR X... LA...
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