The election of senator and former president of Congress Alexánder López Maya has been annulled by the Council of State. This decision was made after complaints were raised about his double militancy at the time of his election. The ruling, signed in the Fifth Section of the Administrative Litigation Chamber of the high court, stated that the senator had shown support for a candidate for the Governor of Santander who was not from his party.
The complaint was made by Fredy Mauricio Garzón, who argued that López Maya should only support the candidate registered by the coalition for the Governorship, and refrain from supporting candidates from other parties. As a result, López’s election for the period 2022-2026 was revoked by the ruling.
Despite the ruling declaring the nullity of López’s election, there are legal possibilities for him to challenge the decision. Former State Councilor Carlos Zambrano suggested that López could file an appeal for guardianship if he can argue a violation of a fundamental right. This would prompt the Council of State to issue a new ruling.
The protection action would only be granted if the violation of fundamental rights can be demonstrated. The ABC booklet of guardianship actions published by the Ombudsman explains that it is a mechanism that allows individuals to seek immediate protection of their fundamental rights when they are violated or threatened by the actions of public authorities or individuals.
While the Council of State’s decisions are usually final and have immediate effects, in the case of a possible violation of fundamental rights, the tutela action could come into play. The Constitutional Court has established that judges can violate these rights with their decisions, and if it is shown that the decision against Alexander López was taken in violation of a fundamental right, the protection action could be granted.
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