For the Administrative Court of Huila, during the campaign the councilor Neiva Cristian Bautista has introduced two militancy and supported Rodrigo Villalba, who is the cause of electoral independence, because his party was with him current deputy Rodrigo Lara Sánchez, the main candidate for governor.
CATHERINE MANCHOLA
@cate_manchola
The advisor of the Atlético Huila football team, Cristhian Rubther Bautista Cachaya, loses his seat in the first instance with the Huila Content Administrative Court.
Jonathan Trujillo Lasso wanted his seat directly burning’ but he was the second most voted on his list for the Council, “Unidos Por Neiva”, a coalition made up of the New Liberal parties and Privacy and Compromiso.
On October 29, 2023, in the framework of the regional elections, Bautista Cachaya received 1,936 votes and managed to take over one of the 19 seats in the Council of Neiva for the period 2024 – 2027, despite the closeness ‘ as it was on the current governor Villalba dual militancy possible.
The two Rodrigos
First, the plaintiff recalled that on September 14, 2023, the legal representatives of the parties Nuevo Liberalismo and Creo made an endorsement agreement to support the candidacy of Rodrigo Lara Sánchez for the Governor, a binding and mandatory directive for the members and candidates of the Governor . parties, including prohibitions on supporting various applications.
It should be noted that the current deputy head of opposition legislation, Lara Sánchez, is the main rival of Governor Rodrigo Villalba Mosquera of the Liberal party.
For the plaintiff, during the development of the campaign, the consultant “stopped from supporting Rodrigo Lara Sánchez in his desire for the Governor and in public, without the consultation and unilateral support of Rodrigo Villalba Mosquera. For this reason, he believes that “he suffered a double militancy in the form of support, a reason for electoral independence.
He said that Héctor Javier Osorio Botello was a candidate for Mayor of Neiva at the New Liberal party, however, “they did not take this into account to invite him at the end of their campaign, but let him the participation and intervention of representatives of the candidate Wilker Bautista, who is part of a coalition of parties different from his own.” He also did not invite Lara Sánchez.
Tests
The evidence used to knock down the councilor’s chair was about two specific minutes.
First, a meeting that for the plaintiff was actually the “closure of the campaign” on October 21, 2023, at the sports center in the area of Los Alpes in commune 8 Neiva. That is, a week before the elections: and this was the test that left him without the seat in the first place.
The second moment he gave evidence corresponds to some photos published on October 12, 2023 on Villalba’s Facebook, where he can be seen in a meeting with the advisor outside the stadium; both support his recovery. In the original release, Villalba thanked the councilor for his support, but it was later edited out. However, that claim was rejected because it happened before the New Liberal supported Rodrigo Lara Sánchez official.
During the argument, the counsel assured that the event in society 8 was not a political meeting, “to close the campaign,” but in fact an event called by the Executive Board Community. And that “he did not celebrate or invite attendees to vote for the Governor of Huila for Rodrigo Villalba Mosquera.”
For its part, the Chamber presented in the record the testimonies of the witnesses, such as the counsel (law against) Héctor Javier Osorio. Among others. He also analyzed the evidence given on video and shared it.
The Court’s Argument
After analyzing the content of the videos of the meeting in society 8, for Sala it was appropriate to conclude, “Support actions were given by Mr. Cristhian Rubther Bautista Cachaya to the then candidate for Governor of Huila for the party Liberal, Dr. Rodrigo “Villalba Mosquera”.
And he pointed out the following behaviors at that meeting, which for the Chamber supports the campaign of the candidate of the Liberal party:
– “As the one who led the awards ceremony at the meeting, when one of the potential voters appeared on the stage, she questioned her intention to vote for the Governor, while next to the representative of the campaign Rodrigo Villalba Mosquera, who was standing, he was the one who drew the ballots.
– In his interventions, he always wanted to ask who should be voted for the Government although, at no time, after having the opportunity to do so, did he mention the a candidate supported by his party.
– He stayed next to Mr. Marlio Villalba Mosquera during the intervention he made for proselytizing purposes in favor of Rodrigo Villalba Mosquera, he kissed him, he returned the proposal with gestures of approval and praised him every time he gave reference to the campaign’s recommendations.
– However, without mentioning the name of the candidate Rodrigo Villalba Mosquera, when he asked the attendees who should vote for the Government, he pointed to the chest of the representative of the last campaign, which proposed him, whom he proposed and with whom he made gestures. celebration and victory in front of the large number of voters who attended the meeting.
– When Mr. Marlio Villalba Mosquera said in his speech that the accused Cristhian Rubther Bautista Cachaya supports ‘Good Government’, referring to those of Rodrigo Villalba Mosquera, he did not convey a message no disagreement and did not reject the speaker for what he was. he said,” the Chamber detailed.
Therefore, for the Court, the “modal element of the forbidden behavior and the temporal element” have been shown and “the appointment of the election of Cristhian Rubther Bautista Cachaya as Councilor of Neiva must be announced, after it has been confirmed that ‘ he caused the cause. double militancy’s obfuscation.”
As a result, the independence of the election was declared; However, the consultant is preparing to appeal the decision to the Council of State. The lobbyist was named rapporteur of the draft agreement by which the city’s tax statute will be changed. Because now he will continue sitting waiting for the second place. The Neiva Council was not officially notified.
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