Court resolution

With two votes against and three in favor, the Electoral Tribunal of the State of Mexico (TEEM), ratified the agreement 113 issued by the general council of the Electoral Institute of the State of Mexico (IEEM) in which the candidacy of Victorino Sánchez Samaniego to the mayor of Tianguistenco was approved

When resolving the Local Citizen Trial JCL / 242/2021, most of the magistrates voted in favor of the resolution designed by magistrate Jorge Esteban Muciño, considering that the victim of the candidate of the Juntos Haremos Historia coalition has no legal interest in the case, so his claim was finally “dismissed outright.”

According to the vision of magistrate Muciño and that of two of his fellow magistrates, the victim in this case, who promoted the Local Citizen Trial, challenging the quality of the candidate, “has no legitimate legal interest”, since he did not participate in the internal selection process of the Labor Party (PT), which nominated him.

Despite the foregoing, two magistrates did not agree on this resolution and gave their respective individual votes against, which opens the door for the matter to be taken to the Electoral Tribunal of the Federal Judicial Power (TEPJF).

The magistrate Martha Patricia Tomás Pescador warned that the trial promoted by the victim, although it did not fit into the assumptions addressed by the Citizen Trials, should be thoroughly analyzed as a “special matter”, since it concerns the candidate’s victim. , who, having been sentenced for family violence and having also been sentenced to pay a pension (which he owes in part), does not meet the profile required by law and therefore does not have “an honest way of living ”.

Judge Víctor Óscar Pasquel Hernández voted in the same vein, who went even further, by making a more in-depth analysis of the case and warning that, having been convicted of family violence, Victorino Sánchez “is not eligible”, as it violates Article 119 of the local Constitution.

He also said that having been convicted of family violence “he lacks an honest way of life” and that the interest of the victim is to prevent other women in the council from being victims of the PT once he occupies the position, so he does have legitimate right to challenge your candidacy.

“No one better than her -the victim- is entitled to question the candidate’s citizenship, derived from his behavior in the family nucleus, since the intention of the plaintiff is to prevent other women from being victims of the candidate in the political sphere, in the scope of the exercise of the position if elected ”, The magistrate warned, who unlike his partner, considered that it was not even necessary to treat the matter as special, since for him, it was clear that Victorino Sánchez “is ineligible” and his candidacy violates article 119 of the local Political Constitution.

Finally, the case was rejected and “flatly dismissed”, with three votes in favor and two particular votes against.

This issue is shaping up to become the first case in which an aggressor candidate sentenced for domestic violence manages to avoid the recent reforms approved last year by the 60th local Legislature, to avoid just the opposite.

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