The Supreme Court of Justice of the Nation Provincial elections were suspended on Tuesday scheduled for this Sunday in the provinces of Tucumán and San Juan by granting injunctions requested by opposition parties, who demanded the declaration of unconstitutionality of the candidacies of Juan Manzur and Sergio Uñac, respectively, in those districts, linked to the ruling party.
In the case of San Juan Uñac, the opposition argued that if he were elected he would complete “four periods” in case of winning at the polls, a duration that prohibits the local magna carta.
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The United for San Juan party (alliance of PRO and UCR) presented a declaratory action by maintaining that the new application of Uñac violates the Constitution of the province. In turn, it maintains that the authorization of the San Luis Electoral Tribunal to a new candidacy of the current governor ignores the limit to the possibility of re-election established in article 175 of the local Magna Carta.
In this way, the San Juan opposition understands that Uñac violates the republican principle of government contemplated in the National Constitution, which requires periodicity in public office.
Meanwhile, in the case of Manzur, the Party for Social Justice, which has Germán Alfaro as its representative, promoted the amparo action against the Tucuman province to declare unconstitutional the candidacy of the former head of the national Cabinet, who already He served two terms at the head of that province.
The decision of the Court
For their part, the courtiers Horacio Rosatti, Carlos Rosenkratnz and Juan Carlos Maqueda They maintained that “the danger that the delay in issuing the requested measure would cause has been proven” because “The Provincial Electoral Tribunal formalized the candidacy of the governor and empowered him to compete in the elections that will take place next May 14 in search of a fourth term”.
In this sense, they argued:It is evident then that this electoral act could shortly produce an institutional disorder that is difficult to repair.. In view of this, this Court must preventively ensure that whatever the final sentence that falls in the case, its compliance is still possible within the republican representative system that the provinces promised to guarantee (article 5 of the National Constitution)”.
Thus, the highest court suspended the elections and asked the provincial electoral courts to send reports on the candidacies within a maximum period of five days.
