The unfortunate death of Marciano Dzul Caamal in the early morning hours of Saturday, March 4, leaves Tulum’s City Hall vacant, however this scenario is provided for by the Law of Municipalities of the State of Quintana Roo, which establishes that Diego Castañón Trejo, Municipal Treasurer, will assume the reins of the municipality.
In addition, and according to several jurists, this scenario transcends the administrative sphere, but is a mandate of the citizens of Tulum that was manifested in the past elections:
“… the substitution in the person of Castañón Trejo does not derive from an administrative act that is under consideration of the collegiate, but from a popular mandate that was manifested at the ballot box in the 2021 electoral process in Tulum”.
The Political Constitution of the State of Quintana Roo, and especially Article 97 Law of the Municipalities of the State of Quintana Roo is clear in establishing in case of absolute absence of the municipal president, the aldermen must call the alternate to assume the position, which in this case is undoubtedly Diego Castañón Trejo.
“In case of absolute absence of any member of the City Council, the latter shall call the respective alternates, who shall take the oath and assume the performance of the office (…)”.
Lawyers and jurists consulted before this situation, warned that it would be a serious violation to the Constitution of Quintana Roo to elect for the position of municipal president a person different from the one the same law establishes in the figure of treasurer. Scenario that, in addition, would end up in court.
“(There are) no alternatives or exits to what is established in the Law.
It would be a serious fault, which would be condemned by the court, the fact of electing a substitute different from the one recognized in the majority certificate of the election of municipal president of the year 2021. The procedure is very clear: the alternate must be called to be sworn in”.