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Dismiss all FR petitions challenging conduct of polls in limine … ASG Indika

Supreme court Hulftsdorp

Additional Solicitor General Indika Demuni de Silva appearing for the Attorney General has submitted to the Supreme Court to dismiss all Fundamental Rights challenging dissolution of Parliament and holding the General Election on June 20, in limine since they do not comply with the constitutional provisions.

She was making submissions before the Supreme Court that heard several petitions challenging the election date. She submitted that all petitions had been filed beyond the time period stipulated under Article 126(2) of the constitution. 'E-Filing system was put in place even during the curfew enabling the petitioners to file fundamental right petitions. They should have filed these petitions at the initial stage.

She further submitted that nobody had made any complaint against the accepting of nominations at the time the process was commenced. The petitioners did not initiate legal action challenging the acceptance of nominations from March 12 to March 19. That is the appropriate time they could invoke Supreme Court's jurisdiction. The petitioners had violated the basic principles as they failed to name relevant parties as respondents to the petitions. The number of political parties contesting General Election had not been brought before court. It is suppression of materials. The petitioners had taken a unilateral decision to only bring Attorney General and President before court seeking relief.

She pleaded that if an Interim Order is issued, every steps taken to hold the General Election will stand canceled. The petitioners sought relief that would affect the entire election process and it would end up with infringing the rights of people and political parties.

She went on that one of the petitions had mentioned that the de-facto curfew had been imposed by the President. It was a misrepresentation of facts. The President had never imposed curfew. The curfew was imposed in terms of the Quarantine Ordinance. Most of the petitioners did not mention that they are legitimate voters contesting the election. In one of petitions, the petitioner was an incorporate body which does not have franchise rights.

Five-Judge Supreme Court Bench comprised Chief Justice Jayantha Jayasuriya, Justices Buwaneka Aluwihare, Justice Sisira de Abrew, Justice Priyantha Jayawardena and Justice Vijith Malalgoda.

 

 

 

 

 

 

 

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