The judicial resolution, signed by magistrate Beatriz Rallo Valluerca, dismisses the petition filed by the Bloque Nacionalista Rural (BNR) and Samuel Henríquez, a member of Primero Canarias, against Nueva Canarias–Frente Amplio Canarista (NC-FAC). This decision means that the effects of the declaration of non-attached status are maintained for a total of 21 elected officials in Gran Canaria, including the mayor and five councilors of Santa Lucía de Tirajana.
The court order acknowledges the urgency of the case, given that the agreements have already been communicated to various town councils such as San Bartolomé de Tirajana and Moya. However, the magistrate considers that the requirement of 'fumus boni iuris' is not met, meaning there is insufficient appearance of good law to justify the immediate suspension of the agreements adopted by the NC-FAC National Political Council on December 22, 2025. Among the arguments put forward, the lack of presentation of the applicant party's statutes is noted, and reference is made to the Anti-Defection Pact, which defines a defector as someone who leaves or is expelled from the political entity that presented them.
The judicial resolution also indicates that there is no evidence that the original party, Nueva Canarias-Bloque Canarista, consented to the applicant joining another party in the coalition, the Bloque Nacionalista Rural. It argues that inclusion on the electoral list was due to their party and not the coalition, and that the coalition pact does not provide for voluntary abandonment, which could constitute a legal fraud.
The plaintiffs had requested the suspension of the enforceability of these agreements, especially regarding the consideration of certain officials as non-attached councilors, a condition that significantly restricts their political and economic rights within local corporations. They also asked that the coalition and its president be ordered to refrain from communicating, executing, or performing any act aimed at giving effect to these agreements, especially concerning the declaration of defection of elected officials, until the merits of the case are resolved in the main proceedings.
“"In Santa Lucía, the plenary session must be convened because it is a legal imperative. The mayor and the governing group must continue to manage the City Council."
The ruling, which also imposes costs on the applicants, can be appealed before the Provincial Court of Las Palmas. Samuel Henríquez, spokesperson for Primero Canarias and one of the promoters of the legal action, acknowledged the difficulty of these 'inaudita parte' precautionary measures due to urgency, but confirmed that the process will continue through other channels. He announced that they will appeal the decision before the Court and will file normal precautionary measures and the lawsuit separately, after the conciliation act.
This judicial decision directly affects the political crisis in the Santa Lucía de Tirajana City Council, where the possible non-attached status of the mayor, Francisco García, and five other councilors has generated intense institutional confrontation. The opposition has requested an extraordinary plenary session to be informed about the report from the General Secretariat confirming the non-attached status of the councilors. In the last plenary session in March, the mayor did not report on the matter, citing legal uncertainty and the risk of future economic liabilities for the council.
