SC postpones further consideration of FR petitions against election date

The Supreme Court has postponed until tomorrow the further consideration of the Fundamental Rights petitions filed challenging the date of the General Election. 

Further consideration of the petitions will resume at 10.00 a.m. tomorrow (20), Ada Derana reporter said. 

Seven fundamental rights petitions filed challenging the gazette issued declaring June 20 as the date of the General Election 2020 and the gazette notification issued by the President dissolving the Parliament, were taken up for consideration for the second consecutive day by the Supreme Court this morning (19).

Seven parties including Attorney-at-Law Charitha Gunaratne, the Center for Policy Alternatives (CPA), journalist Victor Ivan and the ‘Samagi Jana Balawegaya’ had filed the Fundamental Rights petitions while several parties including Ven. Muruththettuwe Ananda Thero filed intermediary petitions seeking the court’s permission to intervene in the FR petitions. 

The petitions were heard before a five-member judge bench consisting of Chief Justice Jayantha Jayasuriya, Justices Buwaneka Aluvihare, Sisira de Abrew, Priyantha Jayawardena, and Vijith Malalgoda.

Attorney-at-Law Suren Fernando appearing on behalf of the petitions filed by the Samagi Jana Balawegaya and former MPs Patali Champika Ranawaka and Kumara Welgama presented facts to the court today while President’s Counsel Ikram Mohamed made submission on behalf of the petition filed by SLMC leader Rauff Hakeem.

Attorney-at-Law Viran Corea appeared on behalf of the Center for Policy Alternatives (CPA) and its Executive Director Dr. Paikiasothy Saravanamuttu and presented facts before the court.

When the petition filed by the CPA was taken up, the Additional Solicitor General Indika Demuni de Silva appearing on behalf of the Attorney General declared that she intends to present preliminary objections with regard to the petition.

President’s Counsel Romesh de Silva appearing on behalf of Secretary to the President P.B. Jayasundera, who has been named as a respondent, stated that he too intends to submit preliminary objections in the future.

When the petition filed by the Secretary of the Democratic United National Front, Ariyawansa Dissanayake, was taken up for consideration the judge bench pointed out that notice has not been handed over to former Speaker karu Jayasuriya who has been named as a respondent.
 
Accordingly the consideration of that petition was postponed until 10.00 a.m. tomorrow (20) while the court ordered the petitioner’s attorney to handover the notice to the former Speaker without delay. 

The attorneys representing the members of the Election Commission and the Attorney General are scheduled to make submission tomorrow. 

The Attorney General, on behalf of the President, Chairman of the Election Commission Mahinda Deshapriya, and Members of the Commission N. J. Abeysekara and Ratnajeevan Hoole have been named as respondents in the petitions.

The petitioners have argued that mandatory provisions have been provided by the Constitution to fix a date for the parliamentary election and convene the new Parliament not later than 3 months from the dissolution of Parliament.

Accordingly, the President had published a Gazette notification on March 02, dissolving then-Parliament and the General Election was subsequently declared to be held on April 25. However, the Election Commission later decided to postpone the poll to June 20 due to the local outbreak of COVID-19 virus, they had pointed out.

The Election Commission setting June 20 as the new date for the poll is against the provisions of the Constitution, they had stressed in their petitions.

In addition, the failure to convene the new Parliament within 3 months of the dissolution of the previous Parliament, makes the Gazette issued by the President invalid, the petitioners argue.

The petitioners say that a free and fair election cannot be held as the threat of COVID-19 virus is yet to be eliminated, adding that it is a violation of people’s right to vote freely.