Council of State he admitted a defense filed by the attorney Luis Fernando Padilla against the judge The Fifth Section, Gloría María Gómez Montoya. The defense arose out of the official’s legal delay in the electoral independence lawsuit filed by lawyer Padilla Cesar governor, Elvia Milena Sanjuán, for dual militancy.
The lawyer explained that 6 months and 20 days have passed since the deadline for answering the complaint expired and he did not make an appointment to hold the first hearing and no motion was made for closing arguments due to an early decision.
“Procedurally, the time is calculated as follows: once the deadline for responding to the complaint has expired (in this case February 15), it has 8 business days ‘ the reporting judge or the magistrate to call the first hearing. 6 months and 20 days have passed since that moment and he did not call the first hearing and there was no motion for closing arguments due to an early decision,” explained the lawyer.
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The plaintiff argued about it protected in article 264 of the 1991 Political Constitutionwhich states in one of its paragraphs that “in single cases, according to the law, the term for a decision may not exceed six (6) months.”
request
The lawyer Luis Fernando Padilla He presented three facts as evidence. The first was the governor’s public support for him Miguel Moraleswhich was approved by the ADA party. On the day of the singer’s campaign launch, Elvia Milena present, which, according to the plaintiff, constitutes double militancy as there are several parties in his coalition (the U, Radical Change and Conservationr) they had also affirmed or agreed Ernesto Orozco, mayor of Valledupar.
In the complaint filed before the Council of State There is also talk of a public exhibition held by the Governor Caesar with Niall Cárdenas Serpacandidate for la Chimichagua Mayor’s Officego for the game Green Alliance.
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On August 5, 2023, a political meeting was held in the town of Sempegua, Chimichagua, “in which the accused and Mr. Cárdenas Serpa attendedwhere the latter made statements of support for Mrs. Sanjuan Davila who then accepted them.” The Green Alliance had its own candidate for Cesar’s Government, Antonio Sanguino.
And the third case happened in Gamarra. The governor was supported by Fernando Márquez Astiercandidate and current mayor of that city for the En Marcha party. That move also made it co-legal Antonio Sanguino to Cesar’s Government.