Suspension of elections in Emelec starts from ‘two irregular acts’, says trustee of the millionaire club

At the discretion of Antonio Pazmiño Ycaza, the trustee of Emelec, the suspension of the next board elections of the millionaire club – scheduled for January 30, 2022 – by a judge originates from “two irregular acts” that the current board provides bring to the attention of an extraordinary general assembly.

Based on a protection action, the judge of the Civil Unit Danny Castro Mendoza decided to suspend the elections in Emelec for the 2022-2025 administration, as it became known this Monday.

In a statement, the board of directors of the Guayaquil club expressed its “profound rejection” and emphasized that “on December 13, 2021, at first, ten protection actions were presented and, later, two more, on December 20, 2021. December 2021. The first ten exactly the same, only changed the name of the actor and the lawyer who signed them. The same thing happened with the last two, but they changed the font ”. He also questions in the document, and does not “stop drawing attention”, that all actions “are exactly the same, that is, twelve people and twelve lawyers write exactly the same.”

In dialogue with EL UNIVERSO, Pazmiño provided a legal criterion: “The Organic Law of Jurisdictional Guarantees and Constitutional Control prohibits the filing of more than one lawsuit of this nature on the same facts. The plaintiffs will be able to say, although, that they are ten different people (then twelve), it is rare that everyone writes exactly the same text, same paragraphs, same bold, same underlining, same spelling errors… It is a subject that is not presentable ”.

And the trustee of Emelec added as a second observation: “The actions of protection by exception proceed against the private sector. These exist to defend individuals from the power of the State, not for an individual to sue another individual. Article 88 of the Constitution gives a series of requirements, in accordance with article 41 of the Organic Law of Jurisdictional Guarantees and Constitutional Control. None of the demands raised meet the requirements ”.

“We are facing two irregular acts: presenting twelve exactly the same demands and that the judge had to reject the protection action, since it did not fit against individuals, the requirements were not met,” Pazmiño concluded.

Emelec calls general elections on January 30, 2022

Emelec called for elections on December 15, 2021 for the board of directors that will be in charge of the Guayaquil club for the next four-year period (2022-2025). (D)