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  • EU delegation calls on Sampanthan

    EU delegation calls on Sampanthan

    A special delegation of the European Union called on Tamil National Alliance Leader Parliamentarian R.Sampanthan and held discussion. Sampanthan briefed them of the problems of the Tamils and the need to enact a new constitution for Tamils to live as equals in the island.
  • Alice Wells at St.Anthony’s shrine in Kochchikade

    Alice Wells at St.Anthony’s shrine in Kochchikade

    The US Assistant Secretary of State for South and Central Asian Affairs Alice Wells visited the St. Anthony's Shrine in Kochchikade, one of the churches bombed by Muslim extremists on April 21, and laid a wreath in remembrance of the victims.
  • Rajitha hands over 20 endoscopy machines to hospitals

    Rajitha hands over 20 endoscopy machines to hospitals

    Health Minister Dr.Rajitha Senaratne handed over 20 endoscopy machines to authorities to be distributed to various hospitals in the island at a ceremony held recently. Health Services Director Dr.Anil Jayasinghe and Health Ministry Secretary Wasantha Perera were also present.
  • Ranil graces opening of Green Valley Apartment Complex in Kaduwela

    Ranil graces opening of Green Valley Apartment Complex in Kaduwela

    Prime Minister Ranil Wickremesinghe graced the ceremony held to mark the opening of the Green Valley apartment complex in Ranala Kaduwala on Sunday as its Chief Guest.
  • Our next president will be one selected democratically by the UNP: Mangala

    Our next president will be one selected democratically by the UNP: Mangala

    Finance Minister Mangala Samaraweera has observed that the next president of Sri Lanka will be the person democratically selected by the United National Party and its allies to stand on a platform of democracy, safeguarding the judiciary, public service and other independent institutions and putting ordinary citizens before any family.
  • Rajapaksa’s with new party, new slogans are the same - a Kobeyya will never be an eagle: Ranil

    Rajapaksa’s with new party, new slogans are the same - a Kobeyya will never be an eagle: Ranil

    Prime Minister Ranil Wickremesinghe on Sunday has charged that even though the Rajapaksa family was attempting to return to power with a new party, new candidate, and new slogans, voters must understand that “a kobeyya (dove), whether it is fried or cooked in milk, is still a kobeyya, and will never be a rajaaliya (eagle).”
  • I will make Sri Lanka a peaceful, secure, safe country: Gotabaya in his maiden address

    I will make Sri Lanka a peaceful, secure, safe country: Gotabaya in his maiden address

    Sri Lanka Podujana Peramuna Presidential candidate has observed that if entrusted with the stewardship of this country by the people, his first task would be to ensure complete safety and security throughout the nation. He had complete confidence that we would once again be able to make Sri Lanka one of the most peaceful, secure, and safe countries in the world. He would accept responsibility for people’s safety, and the safety of children and loved ones.
  • Gotabaya is SLPP’s Presidential candidate: Mahinda announces

    Gotabaya is SLPP’s Presidential candidate: Mahinda announces

    Sri Lanka Podujana Peramuna Leader Mahinda Rajapakse has announced that former Defence Secretary Gotabaya Rajapaksa would be the Presidential candidate of the Sri Lanka Podujana Peramuna.
  • US Assistant Secretary Alice Wells calls on Mahinda

    US Assistant Secretary Alice Wells calls on Mahinda

    United States Assistant Secretary for South and Central Asian Alice Wells called on Opposition Leader Mahinda Rajapaksa at his official residence in Wijerama on Sunday morning, August 11 and held discussions. She is currently on a regional tour visiting India, Pakistan and Sri Lanka.
  • SLPP leadership handed to Mahinda Rajapaksa

    SLPP leadership handed to Mahinda Rajapaksa

    The Leadership of the Sri Lanka Podujana Peramuna (SLPP) has been handed to the Opposition Mahinda Rajapaksa at its National Convention held at the Sugathathasa Indoor Stadium today, Sunday, August 11.
  • Govt plans to sign agreements violating the constitution: Dinesh charges

    Govt plans to sign agreements violating the constitution: Dinesh charges

    Joint Opposition Parliamentarian MEP Leader Dinesh Gunawardena has charged that the government was entering into international agreements detrimental to the country and in violation of the constitution.
  • Navin Dissanayake at Naga Vihara

    Navin Dissanayake at Naga Vihara

    Plantation Minister Navin Eranjan Dissanayake visited Yarl Naga Vihara on Saturday, August 10 during his visit to Jaffna.
 

Proclamation of dissolution is unconstitutional, null and void in law : Kanag - Iswaran pleads before SC

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President’s Counsel Kanag-Iswaran has pleaded that the proclamation of dissolution of Parliament by President Maithripala Sirisena is unconstitutional, and is null and void and of no force or effect in law.

He made this plea before the Supreme Court while making submissions in support of the Fundamental Rights petition submitted by the Leader of Tamil National Alliance R.Sampanthan.

He stated the President may by proclamation, summon, prorogue and dissolve parliament provided the President shall not dissolve Parliament until the expiration of a period of not less than four years and six months from the date of its first meeting unless Parliament requests the President to do so by a resolution passed by not less than two-thirds of the whole number of members (including those not present) voting in favour together with the other consequential provisions. The Constitution does not permit or countenance any other way in which parliament may be dissolved by the President.

He continued that Article 70 and the Act of 1981, whether taken individually, collectively or in any other manner whatsoever, did not confer any right, authority or power upon the President to dissolve parliament by proclamation and therefore was a nullity. The parliament consisting of 225 members once elected shall continue for five years from the date of its first meeting and no longer and at the end of the fixed term of five years, parliament stands dissolved automatically without any proclamation being made. The parliament can be dissolved before the expiry of the fixed period of five years as mandated in Article 62(1) by the President by way of a proclamation that too only after the expiration of a period of not less than four years and six months from the date of its first meeting.

He cautioned that the Constitution was not clay in the hands of contesting parties to be moulded as he or she sees fit while the constitutional language sets the limits of interpretation which aspires to give constitutional unity and harmony.

He concluded that the petitioners ask Court for a declaration that the decisions and directions in the proclamation is null and void and of no force or effect in law.

The Supreme Court Bench comprised Chief Justice Nalin Perera, Justices Buwaneka Aluwihare, Sisira J de Abrew, Priyantha Jayawardena, Prasanna S. Jayawardena, Vijith K. Malalgoda and Murdu Fernando.

The petitions were filed by Kabir Hashim and Akila Viraj Kariyawasam of UNP, Lal Wijenayeke of United Left Front, CPA, Member of the Election Commission Prof. Ratnajeevan. H. Hoole, Attorney-at-Law G.C.T. Perera, Sri Lanka Muslim Congress, All Ceylon Makkal Congress, Mano Ganesan MP.

K.Kanag Iswaran PC, Thilak Marapana PC, Dr Jayampathi Wickremaratne PC, M.A. Sumanthiran PC. Viran Corea, Ikram Mohamed PC, J.C.Weliamuna PC, Ronald Perera PC, Hisbullah Hijaz and Suren Fernando appeared for the petitioners.

Gamini Marapane PC with Nalin Marapane, Sanjeeva Jayawardane PC and Ali Sabry PC appeared for the intervenient petitioners opposing the main petitions.

 

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Trincomalee UC appoints 40 Health workers

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