The Administrative Court of Huila denied the claim of the plaintiff, who sought to remove the president from office, while the lawsuit for electoral annulment, which he established against Humberto Alvarado Guzmán, is resolved.
Humberto Alvarado, mayor of Rivera, will continue in office. This was established by the Administrative Court of Huila, by denying the request for a precautionary measure made by Juan Sebastián Puentes, within a lawsuit for electoral annulment against the president.
Although the claim was admitted, the Court did not find sufficient reasons to accept the requested precautionary measure, which sought to have Alvarado Guzmán removed from office, while the claim of the underlying claim was resolved.
According to the plaintiff Puentes, who was part of the campaign of José Luis Bahamón, Alvarado Guzmán’s opponent in the race for Mayor of Rivera, the current president would have violated the disqualification regime, since according to him, his mother, Nidia Guzmán Durán, rector of the Universidad Surcolombiana, exercised civil authority in the municipality, which would have directly affected the results of the elections. For this reason, he requested to annul the election and remove the president from office.
There is no conclusive evidence
However, in this regard, the court pointed out that the evidence provided failed to establish that said inability is configured, since, for this situation to be configured, four assumptions must be proven: relationship, temporality (12 months before the election) , spatial (same jurisdiction), and objective. However, in the opinion of the Sixth Decision Chamber, this situation could not be proven, despite proving that in fact the Rector of the Universidad Surcolombiana, a national higher education institution, is the mother of the president and that during the last 12 months, he signed different contracts and agreements in his capacity as legal representative of this study house.
“For this purpose, it is specified that such assumptions must be concurrent, that is, for the cause of inability to be established, the simultaneous and successive configuration of each of these elements must be proven, which, in the present case, given the incipient procedural stage, are not sufficiently and fully accredited, (…) core aspect of the litigation that is not precisely determined by the evidence related to the process, that is, the configuration of such budget does not emerge palpably, to the extent that It is necessary for the Chamber to investigate, review and identify the precise powers exercised by the rector of the Universidad Surcolombiana, regarding the concept and scope of the contracts entered into, whether an exercise as administrative authority is derived from them and whether it had an impact or was decisive. in the electoral results held in the municipality of Rivera in which his son Luis Humberto Alvarado Guzmán was elected, reasoning that is only clarified when all the evidentiary material provided and collected during the course of the process has been heard.
In other words, although the Rector entered into agreements with public and private entities in the department of Huila, this in itself does not constitute an administrative or civil authority in the municipality, which could directly influence the majority decision made by the Riverenses on last December 28. October 2023.
For this reason, the Chamber indicated that: “it is clear that from the application and the annexes, it does not reasonably appear that the provisional suspension of the administrative act in question is necessary, nor is there evidence provided to demonstrate, even if it is preliminary and “At this procedural stage, the need to order such a precautionary measure, that is, there is no suitable and sufficient evidence to indicate that, if such a measure is not granted, irreparable harm would be caused to the community of the municipality of Rivera – Huila.”
In this way, the current Mayor won his first battle and will continue in office with his credentials in place, while the lawsuit process continues and is resolved in the background.
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