The Council of State has taken an important step in the analysis of the legality of the election of the general director of the Orinoquía Regional Autonomous Corporation (Corporinoquia), Doris Bernal Cárdenas, for the period 2024-2027. In a recent order, the reporting magistrate Omar Joaquín Barreto Suárez resolved the exceptions presented by the defendant, established the litigation and ordered key evidence to move towards an early ruling.
The controversy revolves around alleged irregularities in the election process of Bernal Cárdenas, denounced by the Oversight for Transparency and Merit in the Election of the Director of Corporinoquia and other plaintiffs. Among the points to be resolved are possible violations of the recusal process, the modification of the agenda of the election session, the lack of publicity in the schedule changes and the participation of the representative of the black communities in the Board of Directors.
In his order, Judge Barreto Suárez denied the exceptions of inept demand, improper integration of the adversary and lack of standing in the passive case presented by the defendant, which means that the court rejected the arguments presented by one of the parties, in which it was alleged that the claim was inadequate or did not meet the formal or substantial requirements to be processed. That is, the judge determined that the claim was suitable and could continue with the judicial process.
In addition, it established a lawsuit that covers six key points, including the analysis of a possible irregular re-election of Bernal Cárdenas and the eventual ignorance of the right to elect of the members of the Board of Directors who did not attend the election session.
Regarding evidence, the Council of State asked Corporinoquia to send the administrative background of the accused act, certifications regarding the positions held by Bernal Cárdenas in the entity, and the files of the 2019 and 2022 election processes. Likewise, it requested the Attorney General’s Office documents related to the follow-up to the 2023 process.
The office denied the decree of testimonies requested by the parties, considering them unnecessary, and set a deadline for the parties to present their conclusion in writing before pronouncing the anticipated ruling.
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