The Council of State ratifies the “pure and simple” withdrawal of the deputies of this mayor in Vendée

See my news
Follow Le Courrier Vendéen

The Council of State took note of the “withdrawal” of the new deputies to the mayor of La Garnache (Vendée), whose election had been canceled by the courts in June 2024 at the request of the prefect of Vendée.

A first deputy who had to resign

As a reminder, the State services had lodged an appeal before the administrative court of Nantes following the departure of Cédric Morisset, first deputy of François Petitwho had been “asked to resign” by the municipal council of La Garnache “taking into account the circumstances and the facts”.

“The hour is dark for our team and our local democracy,” declared the mayor of La Garnache on the evening of the municipal council, according to comments reported by Ouest-France, after having withdrawn the delegations he had granted to the predecessor of Corine Vrignaud.*

A request to be sent to the sub-prefecture

Problem: in his capacity as deputy mayor, Cédric Morisset “had to send your resignation to the State representative in the department »explained the public rapporteur during the hearing at the Nantes administrative court, in May 2023.

However, “nothing” allows us to see, in the decision of the sub-prefecture of Sables d’Olonne, that it had “accepted” it. “The prefect is justified in maintaining that the municipal council could not, under these conditions, elect the deputies,” deduced the magistrate, who was followed by the magistrates in their decision of June 13, 2024.

An election canceled

The cancellation of the elections of deputies and that of the new municipal councilor Mireille Allanic thus “related deliberations” had therefore been recorded by the administrative court of Nantes.

But the deputies concerned – supported by the municipality The Council of State took note of the “withdrawal” of the new deputies to the mayor of La Garnache (Vendée), whose election had been annulled by the courts in June 2024.– had seized the highest court of the French administrative order to obtain the annulment of the judgment rendered to their disadvantage. In their request, submitted on July 12, 2024, they requested the annulment of the judgment, the rejection of the prefectural referral and €3,000 in legal fees.

A withdrawal of the appeal

On July 31, 2024, the prefectural services hit the nail on the head and asked the Council of State to reject their request. On September 11, 2024, the ten deputies concerned and the commune of La Garnache finally wrote to the Parisian judges to indicate thatthey withdrew “purely and simply” of their appeal.

“The withdrawal of [requérants] is pure and simple,” notes the Council of State in a judgment dated October 10, 2024 which has just been made public. “There is nothing to prevent it from being taken into account. »

/CB (PressPepper)

Follow all the news from your favorite cities and media by subscribing to Mon Actu.