{"id":48585,"date":"2023-10-27T09:30:22","date_gmt":"2023-10-27T07:30:22","guid":{"rendered":"https:\/\/www.nssud.sk\/?p=48585"},"modified":"2026-04-22T12:47:44","modified_gmt":"2026-04-22T10:47:44","slug":"electoral-action-from-the-municipality-of-zehra-rejected","status":"publish","type":"post","link":"https:\/\/www.nssud.sk\/en\/electoral-action-from-the-municipality-of-zehra-rejected\/","title":{"rendered":"Electoral action from the municipality of \u017dehra rejected"},"content":{"rendered":"

The Electoral panel of the Supreme Administrative Court of the Slovak Republic has dismissed an electoral action filed after the by-election by an unsuccessful candidate for the office of mayor of the municipality of \u017dehra. According to the members of the Panel, the plaintiff had not demonstrated that the mayoral election had been influenced in such a way as to result in its illegality (Case No. 12Svp\/2\/2023).<\/strong><\/p>\n

In February this year, the Panel of the Supreme Administrative Court declared the mayoral election in the municipality of \u017dehra, held on 29 October 2022, null and void. From the facts established in the present case, it was then possible to conclude that the exercise of the right to vote, as well as the procedure of the Electoral Commission in securing the voting at the polling station in the municipality of \u017dehra, was in fundamental breach of constitutional and legal requirements. By-elections were held in Slovakia, and thus in the municipality in question, on 9 September 2023. A new election action was delivered to the Supreme Administrative Court on 18 September 2023.<\/p>\n

In the new proceedings, the Electoral panel relied on the action and its annexes, the defendant’s statement together with its annexes, the minutes of the precinct election commissions No. 1 and No. 2, as well as the minutes of the local election commission, but in particular on the established decision-making practice of the Constitutional Court of the Slovak Republic and the Supreme Administrative Court of the Slovak Republic.<\/p>\n

An important finding for the Electoral panel was the fact that all the members of the Precinct Election Commissions No. 1 and No. 2, as well as the Local Election Commission, signed the relevant minutes without reservation. The second significant finding – for any assessment of the degree of illegality – was the fact that the difference in valid votes between the plaintiff and the defendant amounted to 532, a difference which the plaintiff did not contest in any way. Nor did he dispute the counting of the votes. The plaintiff merely alleged that the ballot papers had been tampered with, but did not prove in any way that that had been the case. At the same time, it should be added that none of the minutes contain any record of any illegalities or errors.<\/p>\n

The Electoral panel of the Supreme Administrative Court came to the conclusion that the action was not well-founded, since the electoral defects claimed by the plaintiff had not acquired an intensity capable of influencing or calling into question the results of the elections, and therefore dismissed it.<\/p>\n

The decision was unanimous and final. Written reasons for the decision will be published within the statutory period.<\/p>\n

The election action was decided by the Panel No. 12 of the Supreme Administrative Court, composed of: the President of the Panel JUDr. Monika Vala\u0161ikov\u00e1, PhD. (Judge-rapporteur) and members of the Panel JUDr. Elena Berthotyov\u00e1, PhD., JUDr. Anita Filov\u00e1, Prof. JUDr. Juraj Va\u010dok, PhD., JUDr. Juraj Vali\u0161, LL.M.<\/p>\n","protected":false},"excerpt":{"rendered":"

The Electoral panel of the Supreme Administrative Court of the Slovak Republic has dismissed an electoral action filed after the by-election by an unsuccessful candidate for the office of mayor of the municipality of \u017dehra. According to the members of the Panel, the plaintiff had not demonstrated that the mayoral election had been influenced in […]<\/p>\n","protected":false},"author":88,"featured_media":35212,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[73,85],"tags":[],"class_list":["post-48585","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-press-release","category-election-agenda"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/www.nssud.sk\/en\/wp-json\/wp\/v2\/posts\/48585","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.nssud.sk\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.nssud.sk\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.nssud.sk\/en\/wp-json\/wp\/v2\/users\/88"}],"replies":[{"embeddable":true,"href":"https:\/\/www.nssud.sk\/en\/wp-json\/wp\/v2\/comments?post=48585"}],"version-history":[{"count":7,"href":"https:\/\/www.nssud.sk\/en\/wp-json\/wp\/v2\/posts\/48585\/revisions"}],"predecessor-version":[{"id":84472,"href":"https:\/\/www.nssud.sk\/en\/wp-json\/wp\/v2\/posts\/48585\/revisions\/84472"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.nssud.sk\/en\/wp-json\/wp\/v2\/media\/35212"}],"wp:attachment":[{"href":"https:\/\/www.nssud.sk\/en\/wp-json\/wp\/v2\/media?parent=48585"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.nssud.sk\/en\/wp-json\/wp\/v2\/categories?post=48585"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.nssud.sk\/en\/wp-json\/wp\/v2\/tags?post=48585"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}