The The National Elections Jury (JNE) declared the vacancy request filed against the mayor of Lima, Jorge Muñoz, founded.for having Formed part of the Sedapal board in 2019, when he was already serving as the highest mayoral authority.
The decision of the JNE comes in second and last instance in favor of the complaint filed by the citizen Carlos Hinostroza Rodriguezfiled last September 29, 2021. According to the indictment, Muñoz received four diets for integrating the Sepadal directory despite the fact that it is prevented by article 22 of numeral 10 of the Organic Law of Municipalities.
Given this, the Popular Force congresswoman Rosangella Barbarán indicated that the Vice President of the Republic, Dina Boluarte, who had requested a license from the National Registry of Identification and Civil Status (Reniec) for her candidacy in 2021, should be judged in the same way. Along the same lines, the candidate for mayor of Lima Rafael López Aliaga He pointed out that the also Minister of Development and Social Inclusion should also be vacated for having just resigned on April 13 from the autonomous body of the Peruvian State.
However, the lawyer specializing in electoral matters, Roy Mendozahe explained in conversation with The Republic that it is not true that there is any similarity between the cases of Muñoz and Boluarte.
“It is not true (that there is any similarity) because Muñoz is a vacancy established in the Organic Law of Municipalities. Article 22 of said rule establishes ten grounds for vacancy and that is the legal basis for the vacancy of Muñoz. In the case of Dina Boluarte, she does not have any open process in the National Elections Jury (JNE) that requires a pronouncement, ”she reported.
Also, he noted that in the case of Dina Boluarte it would be a “res judicata” on what cannot be turned back and there is, therefore, no pending statement from the JNE in this regard.
“In electoral matters, this case is res judicata. cannot be reopened. The difference with the case of Muñoz is that he incurred in a cause provided for in the Organic Law of Municipalities and this vacancy is permanent during the four years of exercise. Now, the JNE, in the case of Boluarte, having res judicata, cannot do anything about the vacancy of a vice-presidency because it is not within its jurisdiction. There is no similarity in both cases and there is no pending case that requires a pronouncement from the electoral body”, he argued.
Dina Boluarte did not commit any fault during her application in 2021
Lawyer Roy Mendoza He stressed that in the case of the vice president, the Special Electoral Jury (JEE) initially stated that it was an extemporaneous application.
“The case that was discussed about Boluarte is because she did not manage to register as a congresswoman, but rather for vice president. During that application, she entered a blemish against her candidacy, which the Special Electoral Jury declared (her candidacy) initially extemporaneous. The JEE ruled on the merits and adhered to article 107 of the Organic Law of Electionswhich requires six months of resignation for senior officials, “he said.
However, what applied in his case was article 114 of the Organic Law of Elections (LOE) and not 107, which was contemplated in the first instance.
“Boluarte presented his license, because She was not entitled to a resignation as she was not a high-ranking official or member of the electoral system, so the prohibitions of 107 were not enough for herbut those of 114, where a license is required, and, in effect, she presented it, “he concluded.
