In a 19-page ruling, the Council of State made a decision regarding the situation of the mayor of Duitama and accelerated rulings due to a claim of dual membership.
The Administrative Litigation Chamber Third Section, subsection B of the Council of State, with Judge Martín Bermúdez Muñoz, as rapporteur, made a decision in a guardianship ruling dated June 26, but which was known on Friday night.
The high court ruled in favor of the plaintiff, José Luis Valenzuela Rodríguez, in the protection against the National Electoral Council and others in the midst of the process being carried out against Mayor José Luis Bohórquez.
“The Court proceeds to decide the action for protection filed by Mr. José Luis Valenzuela Rodríguez, on his own behalf, against the National Electoral Council, the National Civil Registry, the Mayor’s Office of the Municipality of Duitama, the Government of the Department of Boyacá, the Legal Office of the Municipality of Duitama and Mr. José Luis Bohórquez because they have not complied with a precautionary measure decreed in the electoral annulment process 15001-23-33-000- 2023-00428-00/01 carried out by the plaintiff,” they explain in the ruling.
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And adds that Subsection B of the Third Section of the Council of State is competent to hear the matter, in accordance with the provisions of Article 86 of the Political Constitution, Decrees 2591 of 1991, 1382 of 2000, 1069 of 2015, 333 of 2021 and Agreement 80 of 2019 of this Corporation.
The high court reports that on May 23, 2024, Mr. José Luis Valenzuela Rodríguez, on his own behalf, filed a tutela action to obtain the protection of his fundamental rights to due process, to elect and be elected, to access the administration of justice and to legal security, as well as the rights to elect and be elected and to legal security of the inhabitants of the municipality of Duitama, Boyacá.
“The plaintiff considered his rights violated because the National Electoral Council, the National Registry of Civil Status, the Mayor’s Office of the Municipality of Duitama, the Government of the Department of Boyacá, the Legal Office of the Municipality of Duitama and Mr. José Luis Bohórquez have not given compliance with what was ordered in the order of March 14, 2024, through which the Fifth Section of this Corporation ordered a precautionary measure,” he assures.
Well, after the complete analysis he resolved:
“FIRST: The requests for disassociation submitted by the National Civil Registry and the National Electoral Council are DENIED.
SECOND: GRANT the temporary protection of the fundamental rights of the plaintiff.
THIRD: ORDER the National Electoral Council, the National Civil Registry, the Mayor’s Office of Duitama, and, especially, the Government of the Department of Boyacá, that within the term of twenty-four (24) hours counted from the notification of this provision, they effectively comply with the order of March 14, 2024 that ordered the suspension of the act of election of the mayor of Duitama.
FOURTH: The Fifth Section of this Corporation is URGED to evaluate the procedural conduct of the defendant and its representatives in the electoral annulment process 15001-23-33-000-2023-00428-00/01 and to exercise, if deemed necessary, the corrective powers of the judicial authorities in the event that it considers that reckless or dilatory maneuvers have occurred in this process, and to resolve the request for a contempt incident as soon as possible.
FIFTH: notify the parties of this decision by the most expeditious and effective means.
SIXTH: If this decision is not challenged within three (3) days following its notification, Send the file to the Constitutional Court for possible review. Seventh: publish this ruling on the Corporation’s website.”
The ruling was signed by the president of the chamber Alberto Montaña Plata, and the judges Martín Bermúdez Muñoz, Fredy Ibarra Martínez.
