It maintains that the letter “manifestly lacks foundation” and declares the finality of the sentence that gave reason to the party
MADRID, 24 Oct. (EUROPA PRESS) –
The Supreme Court (TS) has confirmed the decision of the Provincial Court of Madrid to annul the ruling that annulled the Podemos primaries in Collado Villalba for the municipal elections of May 2019. Thus, the magistrates have endorsed the conclusion that It has not been proven that the fundamental rights of one of the three candidates for said election process were violated as a result of alleged electoral fraud.
In an October 19 ruling, to which Europa Press has had access, the Civil Chamber has dismissed the appeal filed by a Podemos militant Alejandro Mata -one of the three candidates who ran for the primaries of Collado Villalba– considering that the writing “incurs notable defects” and “manifestly lacks foundation.”
The case that has reached the Supreme Court began as a result of a complaint in which Mata said that the results of the primaries had been altered to favor one of the candidates and that, therefore, their rights had been violated.
In December 2020, the Court of First Instance Number 89 of Madrid upheld his request and annulled the primaries for alleged electoral fraud, considering that Article 23.2 of the Constitution had been violated, which includes the fundamental right of citizens to access in conditions of equality to public functions and positions.
That sentence declared the electoral process null and void, as well as its results, and condemned Podemos to pay the costs. However, the legal representation of the ‘purple’ formation -in charge of Marta Flor Núñez- appealed the ruling before the Provincial Court of Madrid, which agreed with him and revoked that decision.
The magistrates of the Madrid Court indicated that in order to annul the Podemos primary process and say that the right of the candidates had been violated, it was necessary to demonstrate said violation, something that –in their opinion– was not achieved.
They also stressed that in order to declare that Mata’s fundamental right had been affected, it was necessary to demonstrate that, “if the alleged violation had not occurred, the result of the elections would have been different from the one officially proclaimed, an aspect on which there is no – for no evidence, direct or circumstantial, has been proposed.”
“It has not even been specified, neither in the lawsuit nor in the sentence, to what extent the alleged alteration could have influenced the result obtained by the plaintiff,” they added.
Now, by dismissing Mata’s appeal against the ruling of the Provincial Court, the Supreme Court has declared the firmness of the resolution that gave the reason to Podemos and has imposed the payment of the costs to the militant.
