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Radicación n.° 54505 Cópiese, notifíquese, publíquese y cúmplase. RIGOBERTO ECHEVERRI BUENO Presidente de Sala JORGE MAURICIO BURGOS RUIZ ELSY DEL PILAR CUELLO CALDERÓN CLARA CECILIA DUEÑAS QUEVEDO GUSTAVO HERNANDO LÓPEZ ALGARRA LUIS GABRIEL MIRANDA BUELVAS CARLOS ERNESTO MOLINA MONSALVE 13

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In re Luis Gullermo Otoya Gertds

Judgment

Question Presented: Whether an alleged vote counting inconsistency is sufficient to sustain a claim for election annulment without a claim of harm?

Alleged Acts: The case before the court concerns the March 6, 2014 Congressional elections and alleged irregularities concerning the voting counting process. The petitioner alleges that certain arithmetic errors occurred which would consider the election results void.

Procedural history: The National Electoral Council denied the petitioners allegations claiming that the complaint was not substantiated. The petitioner seeks revocation of that decision and annulment of the election.

Summary: The court stated that the petitioner failed to assert that there was true, imminent, serious, and urgent harm resulting from the alleged counting inconsistencies. Therefore, the violation of due process and defense were not sufficient to sustain the claim. Further, the court determined that petitioner, after all elected officials assumed office, must have brought the action under CPACA art. 139, not under the voting procedure provision.

Conclusion: The court affirmed the contested judgment and denied the petitioner's claim.

Legal Issue(s)

Civil Procedure
Electoral Integrity

Region: Americas

Country: Colombia

Language of Decision

Spanish

Court: Supreme Court

Election Type: Parliamentary

Date of decision: Jun 2, 2014

Geolocation

Latitude: 4.62062632

Longitude: -74.14064616

: Geolocation

Primary Documents

STL8847-2014.pdf
Spanish
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Election Judgments - IFES

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In re Luis Gullermo Otoya Gertds

Primary Documents

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