The Council of State denied the request for annulment of the election of the director of Codechocó filed by the Ministry of the Environment.
The Fifth Section of the Council of State, in an interlocutory order dated February 8, 2024, denied the request to annul the election of Arnold Rincón López as director of Codechocó for the period 2024-2027.
«Deny the provisional suspension of Agreement 012 of November 14, 2023, through which the Board of Directors of Codechocó elected Arnold Rincón López as general director, for the institutional period from January 1, 2024 to December 31, 2027 ”says the decision in its second article.
The lawsuit, including the precautionary measure, was filed by the Ministry of Environment and Sustainable Development, who considered that the Board of Directors of Codechocó transgressed article 29 of the Political Constitution by improperly calling extraordinary sessions on November 8 and 14, 2023, as well as its “non-existent publication on the website.”
In this sense, the Ministry argues that the minimum guarantees of participation were not provided to all members of the Board of Directors and that articles 1 and 2 of Agreement 009 of 2023 were violated.
«The court finds that, although the irregularities identified in the procedure are contrary to the legal system, from a formal and non-substantive criterion, the election of Mr. Rincón López must be preserved since the shortcomings found in this study did not affect the final result of the election, so the suspension of the effects of the attacked administrative act will not be accessed,” argued the Fifth Section.
The lawsuit will continue until the merits are ruled; and awaiting the legal appeal that remains regarding the decision of the precautionary measure.
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