Mexico City.- Judge Rodrigo de la Peza cancelled his order to the Electoral Tribunal of the Judicial Branch of the Federation (TEPJF) to appoint the two missing magistrates of its Superior Chamber.
De la Peza today denied the definitive suspension of the appeal filed by a civil association, which sought to force the integration of the Superior Court, given the Senate’s failure to fill the two vacancies.
But instead of ordering the Senate to choose the judges from the lists sent by the Supreme Court of Justice in September, De la Peza ordered the TEPJF last Friday to appoint two senior judges from the Regional Chamber to form part of the Superior Chamber.
This suspension, which was only provisional, was revoked yesterday by the Seventh Collegiate Court on Administrative Matters.
The three magistrates of the court ruled that there is no imminent harm that should be suspended, since the TEPJF can function with five magistrates, and only requires six to declare the validity of the presidential election no later than September 6.
They added that the law cited by De la Peza only empowers the TEPJF to fill vacancies of less than 30 days, not permanent vacancies.
The judge has been severely criticized by President Andrés Manuel López Obrador, the virtual President-elect Claudia Sheinbaum, members of the Cabinet and militants of Morena, who accused him of invading the powers of the TEPJF and seeking a rearrangement in the Superior Chamber, with a view to the qualification of the elections and the final assignment of deputies and senators.
The TEPJF even announced that it will file a criminal complaint against De la Peza, an unusual step without first filing a complaint with the Federal Judicial Council (CJF), while the Ministry of the Interior has initiated an impeachment trial against him in Congress, which could result in his dismissal.
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