Sentenced on appeal to two years of ineligibility for "complicity in fraud", the deputy for the fourth constituency of Puy-de-Dôme, Michel Fanget (MoDem), 72, had decided despite everything to remain a candidate in the legislative elections.
On Friday, he thus submitted his candidacy, quietly, but the prefect refused to register him.
His lawyers immediately filed an appeal with the administrative court, contesting the legality of this refusal, arguing (in particular) "the fact that it had been notified to the parliamentarian by email (and not by post or delivery against receipt)" , relates
Appeal dismissed yesterday.
His lawyers appealed in cassation
Justice accuses the outgoing deputy, also a doctor, of having provided sick leave to a loved one in conflict with social organizations.
The Riom Court of Appeal thus sentenced him last week to a fine of 2,000 euros and two years of ineligibility.
But, despite this decision (on appeal), his lawyers did not want to let go.
They appealed in cassation.
In their arguments (on the merits) in the face of the prefect's decision to refuse to register his candidacy, the councils argued that "the probability of obtaining the quashing of the judgment" was "particularly high" and therefore, consequently , that it was necessary to cancel the decision of the prefect constituting "one more dumpling in this file, a real legal ordeal inflicted on Michel Fanget".
The court did not follow this reasoning and recalled (simply) article LO160 of the electoral code which stipulates that “the registration of the candidacy of an ineligible person is prohibited”.
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Legislative elections 2022