The unsuccessful candidate in the Nogentese municipal elections took the lead by resigning on December 10.
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The administrative court of Châlons-en-Champagne delivered its judgment this Friday morning and validated the cancellation of the election of Richard Journet as municipal councilor and community councilor, due to his ineligibility. The leader of the opposition also took the lead by resigning on December 10.
The judges considered that insofar as the Office for the Management of Cultural Facilities (Ogec) must be considered as a transparent association and therefore having ” in reality the nature of a municipal service “Richard Journet, director of the association, must be considered as a municipal employee.
Resignation before the poll
However, according to article L. 231 of the electoral code “ municipal employees cannot be elected to the municipal council of the municipality that employs them ».
If Richard Journet argued that he resigned before the poll, he was still subject, by his employment contract, to a three-month notice period. Thus, the person concerned was still carrying out his duties and still receiving his remuneration on the date of the election, his notice running until 5 January 2021.
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