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Altenstadt (dpa / lhe) - The dismissal of the NPD mayor of Altenstadt-Waldsiedlung in 2019 is valid according to a decision by the Gießen Administrative Court.
The court announced on Wednesday that the NPD politician Stefan Jagsch's lawsuit had been dismissed.
This had not only turned against his removal, but also against the choice of his successor.
This was also done legally, the judges found.
The local advisory board of Altenstadt-Waldsiedlung (Wetteraukreis) hit the headlines in 2019 because the representatives of the CDU, SPD and FDP who were present at the time voted for Jagsch - deputy state chairman of the right-wing extremist NPD in Hesse - as local mayor.
They justified this, among other things, with the lack of other candidates, the party book played no role.
After a nationwide wave of outrage, the local council deposed the NPD politician and elected Tatjana Cyrulnikov (CDU) as the new mayor.
According to the court, the plaintiff was of the opinion that both his dismissal and the re-election had been “procedural errors and therefore invalid”.
He stated, among other things, that he had not been recalled by secret voting, but by an open resolution.
In addition, the members of the body were “forced to vote for his recall due to influence”.
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The court found, however, that it was not an election act, but a dismissal, which could be made by resolution of the local advisory board - with at least a two-thirds majority.
The dismissal is "an act of political discretion, the reasons for which are not verifiable by an administrative court".
The judges were also of the opinion that each local council member was free to “vote according to his conscience and conviction”.
In the board's view, there was a procedural error during the session at which Jagsch was dismissed.
However, he should have reprimanded this on site.
He could therefore no longer refer to it in the action.
The judgment, which according to the court was given with the consent of the parties involved without an oral hearing, is not yet final.
© dpa-infocom, dpa: 210310-99-765386 / 2