The Ecuadorian Football Federation, by order of a judge, must call elections in Emelec; electricians appealed the sentence

Judge Danny Daniel Castro Mendoza, of the Civil Judicial Unit, based in Guayaquil (the same one that 37 days ago suspended the board elections in Emelec, scheduled for the previous January 30, by accepting a protection action presented by Juan de Dios Lozano Chapiro, blue partner), ordered last Tuesday to “annul the call for general elections, made by Mr. Nassib Neme Antón, president of the Emelec board of directors, on December 14, 2021”.

The court order also determined that the electric entity should not call the elections. “It is ordered that the call for elections of Emelec, to elect its directory for the coming period, be carried out by the Ecuadorian Football Federation. For this purpose, in a month you must make this call, as well as open the electoral roll to renew the Emelec directory, so that all members are or are not up to date with their social contributions, exercise their right to vote, and with all its affiliates to the union, can register their lists and go to vote in the elections”.

one month term

It is added that “the month that has been granted for the Ecuadorian Football Federation to call for elections will run once it has received official notification of this ruling.” Judge Castro’s resolution establishes that “all the partners of Emelec are fully entitled to exercise the universal, direct, secret and publicly scrutinized vote, as provided for in Article 62 of the Constitution” and that this supersedes the ” Emelec’s right to require its partners to be up to date with their dues in order to exercise the right to vote”. Antonio Pazmiño Ycaza, blue trustee, argued that “in the protection action there is no justification in the request for the register to be opened or it is unconstitutional or affects the right to participate the fact that it is required to be up to date or not. in financial obligations.

‘Assembly, highest authority’

And that “Art. 15 of the FEF Statute states that ‘members of the federation are obliged to: i) hold elections through the highest body determined in its statutes (…)”; e).- That Article 38 of the Club Sport Emelec Statute says that ‘the highest authority in the club is the Assembly’, so that a third party could never be asked to carry out the elections, because according to the aforementioned articles it is the Assembly must handle the issue”.

The constitutionalist, who has already appealed, affirms that “a protection action against an individual such as Club Sport Emelec, a private non-profit company, could not in fact initiate a protection action against an individual. said institution”.

Before issuing the sentence in writing, Emelec requested that “the lawsuit be declared inadmissible because the protection action is inadmissible because it does not meet any of the requirements of Art. 41.4 of the Organic Law of Jurisdictional Guarantees and Constitutional Control, nor of Art. 88 of the Constitution of the Republic”.

‘doctrinal confusion’

According to Chapiro Lozano, his “constitutional rights were violated” because Emelec wishes to apply a “regulation where the pertinent part establishes that in order to pay in the elections the member must be up to date one month before said elections, and that is where there is a purely doctrinal confusion, because an obligation is confused that must be collected through the executive or monitoring process without limiting the universal right of electoral participation.

The emelecista partner mentions that “he has requested on countless occasions in application of Art. 151 of the Law of Sports, Physical Education and Recreation, to Asoguayas, to call Elections by Omission, but to date said request has not been resolved. Likewise, the president of the Club Sport Emelec board of directors has been asked to justify said omission, and he has also remained silent. (D)