Failure of the State Council shall not affect the October 30 election
Considering that it violated the Banking Act and the roll call vote, the Council of State annulled the election of the National Electoral Council.
In order not to cause injury, annulment of the election will take effect on Dec. 15 when Congress must choose again.
The ruling gave the plaintiffs the right of the Corporation of Justice considered that the conditions under which they were elected judges of the National Electoral Council violated the principle of transparency.
For the fifth section of the State Council with a presentation by Judge Alberto Yepes, in this case was decided by Congress for a secret ballot and there was to be made public and also the law of banks do not operate as members of the same party different ways and voted unanimously not.
The high court ruled that the election of judges of the National Electoral Council was indeed subject to regulation by the banking system, because "there was an internal agreement of each party to present their own candidates to be elected to represent each of their banks. "
He stated further that "parliamentarians have an inescapable duty to his party, so that more than guarantee the freedom and the autonomy of parliamentary electors, should find a way to give weight to the banking system, which could not occur if operated a secret ballot. "
The Chamber added that it was precisely for such situations and to further strengthen Colombia's democracy and the political party system, which approved the amendments to Articles 108 and 133 of the Constitution, amendments not taken into account in the time of the election.
In the ruling the Board ordered a new election by roll call vote and the public, however, in order to ensure the establishment and operation of the National Electoral Council for the next elections scheduled for October 30 and the corresponding post-election period, theHigh Court modulates the effects of its decision by stating that the current justices of the agency responsible for overseeing the political parties and movements continue to perform its functions until no later than December 15, 2011 at which time the Congress shall have completed given the new elections and the new integration of the Corporation.