November 27, 2020

The courts invalidate the reelection of Cabrera in the College of Physicians


The doctor Pedro Cabrera, in a file image.

The doctor Pedro Cabrera, in a file image.

The Contentious-Administrative Court No. 6 of Las Palmas de Gran Canaria has declared null the electoral process of April 2018 in the College of Physicians of Las Palmas, which claimed the re-election of Pedro Cabrera as president of the collegiate body. The sentence signed by Judge Sagrario Tovar De La Fe, and dated November 3, considers the appeal made by Luis Miguel Pérez, the candidate who was competing with Pedro Cabrera for the presidency of the College.

An appeal filed by Luis Miguel Pérez against the resolution of the electoral board of the collegiate body, which invalidated the contest for his candidacy in said process due to the alleged defects alleged by the electoral board in the documentation presented; and in the differences of two signatures of one of the members of Pérez’s plate, the doctor from Lanzarote, José María Morán.

The sentence, against which an appeal may be lodged before this same court within a period of fifteen days from its notification to the parties, and which will be resolved by the Superior Court of Justice of the Canary Islands, overturns the re-election of Pedro Cabrera in the elections. of 2018.

The ruling annuls the administrative act that is the motive for the appeal “regarding the exclusion of the candidacy headed by Mr. Luis Miguel Pérez Morales, and the defendant College of Physicians must take back actions of the electoral process to the moment when it should have required the member of said candidacy for the island of Lanzarote Mr. José María Morán Dacal, to correct the defect observed by the Electoral Board, without express imposition of costs ”.

Since 2006

This conflict within the Las Palmas Medical Association, and which has ended in the courts, has its origin in the 2018 elections in which Pedro Cabrera was running for a new term in the presidency he has held since 2006, and in the that the plate led by Luis Miguel Pérez Morales was postulating as an alternative for change.

The opponent of Pedro Cabrera presented this contentious-administrative appeal against the resolution of April 23, 2018, issued by the Electoral Board of the Las Palmas College of Physicians, which rejected an appeal for reconsideration by Luis Pérez Morales against the agreement of the said meeting, of April 13, 2018, which declared the candidacy headed by said collegiate “ineligible”, as well as against another minutes of the meeting of April 9.

“Not eligible”

The Electoral Board declared “ineligible” · the candidacy of Luis Miguel Pérez and chose to “automatically designate” Pedro Cabrera Navarro’s board as “Board of Directors of the College of Physicians for the term from 2018 to 2022”, as stated in the ruling .

Given the arguments put forward by the College of Physicians in its allegations regarding the “lack of active legitimacy”, and the consequent rejection of the verification of the signatures of two of the members of Pérez’s plate – Doctors Moran Dacal and Barrios García -, the court ruling indicates that “the non-coincidence of the signatures of Mr. Moran was a formal irregularity that could be rectified, which in no case should have determined the exclusion of the candidacy presented by the appellants. The representation of the College of Physicians of Las Palmas requested the dismissal of the claims against the decisions of the electoral board based on these issues, and on the fact that the two colleges for Lanzarote had withdrawn on June 22 and on October 31, 2018 from the College of Physicians, the date after the elections.

In this sense, the judgment enters to assess “the lack of active legitimation of two of the plaintiffs who were running as members for Lanzarote, due to the loss of their status as collegiate members and the consequent lack of the object of the present litigation that is alleged to not being able to be part of the appellants’ candidacy due to his dismissal from college ”.

An argument that the magistrate rejects in the sentence, since “such status as collegiate was held when the contested act was issued, which is the one being reviewed, being a different matter that the subsequent loss of said condition may have repercussions in the field of enforcement of the sentence handed down, if the claims of the appellants are upheld ”.

In addition, it is recalled in the judgment that “Mr. Morán Dacal responded to the request for rectification, without the mere doubt of the authenticity of his signature by the Electoral Board could justify the decision to exclude him and understand the list of members incomplete. presented by Lanzarote ”.

These facts, according to the magistrate, justify the annulment of the contested resolution “upholding the appeal filed against it”, and that forces us to reverse the electoral process.

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