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Judiciary has no power to dictate to President to reconvene Parliament … Gamini Marapana

Supreme Court of Sri Lanka

President’s Counsel Gamini Marapana has submitted to the Supreme Court that the judiciary has no legal power to dictate to the President to reconvene the Parliament dissolved by him.

He made this observation in his submissions in support of the intervenient petitions filed by Ven. Atapattu Kanda Ananda Thera against the fundamental right petitions filed by several parties challenging the decision to hold general election on June 20 and the President’s dissolution of Parliament.

During his submissions, Marapana said:

“There was no provision in the Constitution which stipulated that a new parliament should be convened within three months after the dissolution of parliament. Therefore we request the court to dismiss the fundamental right petitions as they have no legal basis.

President Gotabaya Rajapaksa’s decision to dissolve Parliament was a political decision made in his capacity as the Head of State and government under the provisions of the Constitution, and, therefore, the judiciary had no powers to intervene in and order that the executive decision be reversed.

It is the Election Commission that had violated the fundamental rights of the people by not allowing them to exercise their franchise by postponing the general election. The same EC had postponed holding elections to the provincial councils for more than two years and now it had postponed a general election. That amounted to depriving the people of their franchise.

The EC is permitted to postpone an election under an unavoidable circumstance but postponing an election for a long period of time was unjust. People are disturbed by the reports about differences among the members of the EC, which was considered an independent commission.”

The petitions are heard before the Five- judge bench of the Supreme Court comprising Chief Justice Jayantha Jayasuriya and Justices Buwaneka Aluwihare, Sisira de Abrew, Priyantha Jayawardena, and Vijith Malalgoda.







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