Of the eight lawsuits filed requesting the annulment of the Peru General Elections of 2021, seven have been dismissed by the competent bodies of the Judicial Power in the first instance, reported the National Elections Jury (JNE).
He said that the majority has been declared inadmissible due to the inconsistency between the ends of the petition and the supporting documents.
The only remaining case, corresponding to file 02671-2021-0-1801-JR-DC-07, which is pending decision and which is being heard in the Seventh Constitutional Court of the Superior Court of Justice of Lima.
The JNE He has been exercising the legal defense of 134 appeals for amparo filed against him as a result of the general elections, including annulments, while making efforts to carry out the Regional and Municipal Elections 2022.
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As it is recalled, last Tuesday the Ninth Constitutional Court of Lima declared inadmissible the application for amparo filed against the JNE and the National Office of Electoral Processes (ONPE) to request the nullity of the presidential elections.
The judicial body pointed out that the annulment of an electoral process is an autonomous competence of the JNE, established in Article 184 of the Political Constitution, so it is not possible to challenge the free and spontaneous voting of citizens at the polls by means of an appeal.
In Resolution No. 14 of said court it is indicated that in view of the legal certainty that protects any electoral process in a constitutional state of law, it is inadmissible to annul or suspend the elections with a guarantee action, since it has already been declared the popular will, proclaimed results and sworn in to the elected authorities.
This is consistent with the ruling of the Constitutional Court, contained in ruling No. 5584-2005-PA / TC, which establishes as a precedent of mandatory observance that once the stages of an electoral process have been carried out, they conclude, consequently it is not appropriate its questioning in the judicial way, for the sake of the legal protection of the election, which is a guarantee of the democratic stability of the country.
In said appeal it was alluded that the nomination of a presidential formula with two candidates, that is, incomplete, cannot be allowed due to the specific case of the plate made up of Pedro Castillo (Presidency) and Dina boluarte (Vice presidency).
