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Assembled by summons from its President, the Board of the General Assembly of Sport Lisboa e Benfica considered a request presented by the partners Francisco Benitez, João Pinheiro and Nuno Leite, who requested:
“a) That a three-member commission appointed by the signatories, made up of partners João Pinheiro, João Leite and Tiago Godinho, have access (through consultation and possible photocopying) to all the elements that make up the electoral process for the 2020-2024 four-year period;
second) That the counting of all vote receipts be promoted in a public act and that the count be recorded in the minutes for disclosure to the members of Sport Lisboa e Benfica;
C) That the services of Sport Lisboa e Benfica be required to provide a descriptive report of how the computer solution that supported the electronic vote collection and counting operation was parameterized and operated, with its subsequent disclosure to Sport Lisboa e Benfica’s partners ” .
This request was based on paragraph h) of paragraph 1 and paragraph b) of paragraph 2 of article 17 of the Company Bylaws, which grant members with more than one year of membership the right to “request from the governing bodies information and clarifications and make useful suggestions for Sport Lisboa e Benfica “. Paragraph d) of paragraph 1 of article 17 of the Company Bylaws was also invoked, which establishes the right of the members to be elected to the governing bodies.
The request was addressed to the President of the General Assembly because the organization of the electoral procedure is the responsibility of the General Assembly Bureau and its President is listed as the most representative entity of the partners, being responsible for ensuring legality, compliance and compliance. of the precepts. statutory (articles 58 and 54 (1), respectively, of the Statutes).
In response to this requirement, The Council of the General Assembly of Sport Lisboa e Benfica unanimously approved the following resolution:
1 – The General Electoral Assembly held on October 28, 2020 is a justifiable source of pride for the members of Sport Lisboa and Benfica. In addition to the participation of 38,102 members, a figure never before reached in the elections of Portuguese clubs and very rarely reached worldwide, it was carried out with exemplary courtesy, which should be highlighted in a difficult situation, in which we we are facing a very serious pandemic. .
2 – The election of the governing bodies was carried out by electronic voting, respecting the form and term provided in articles 57, paragraph 1, and 55, paragraph 2, letter a), respectively, of the Statutes, expressing pluralism of opinions, with the presentation of three lists, and yielded an unequivocal result. No irregularities or illegalities that could compromise its validity were detected and the concurrent lists did not present objection. At the end of the Assembly, the elected corporate bodies assumed control, as prescribed in article 58, paragraph 7, of the Statutes.
3 – The organization of the electoral process and the guarantee of the legality of all the adopted procedures were the responsibility of the outgoing General Meeting Bureau and, in particular, of its President. The results have become final and are currently not subject to review or alteration by any Sport Lisboa e Benfica body. However, given that there is no challenge to the elections before the General Assembly Board, the requirement under analysis can only be interpreted, materially, as an inspiring request or an inquiry into the electoral process.
4 – The appreciation of such request is not the responsibility of the General Assembly Table or its President, because it does not deal with any matter provided for in Article 54 of the Statutes and refers to an electoral process prior to taking office, which culminated with its inauguration.
In view of the foregoing, it was decided not to grant the request submitted by the partners Francisco Benitez, João Pinheiro and Nuno Leite.
Table of the General Assembly of Sport Lisboa e Benfica
