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President’s gazette dissolving Parliament unconstitutional : SC holds

Presidents gazette dissolving Parliament unconstitutional SC holds 700 01
Seven member judge Bench of the Supreme Court in its landmark Order held that the gazette issued by President Maithripala Sirisena to dissolve the Parliament is a breach of the Constitution of Sri Lanka.

The Order delivered today, Thursday, December 13, further stated that the President was not allowed to dissolve Parliament before four and a half years under the provisions of the 19th Amendment to the Constitution.

The Order delivered by Chief Justice Nalin Perera also observed that if President wants to dissolve Parliament before four and a half years there must be a resolution passed by 2/3 majority in Parliament.

Justice Sisira de Abrew adduced different reasons for the identical Order and made the same judgement, making it a unanimous decision.
Twelve FR petitions were filed on November 12 against the President's parliament dissolution gazette by several political parties including the United National Front, Tamil National Alliance, Janatha Vimukthi Peramuna, SLMC, and Elections Commissioner Ratnajeevan Hoole.

The seven-member judge bench comprised CJ Nalin Perera, Justices Prasanna Jayawardena, Priyantha Jayawardena, Buwaneka Aluvihare, Vijith Mallegoda, Sisira de Abrew and Murdhu Fernando.

 

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