Petition against Elpitiya PS election dismissed
September 25, 2019 04:23 pm
The Supreme Court today dismissed the fundamental rights petition filed seeking an injunction order preventing the election for the Elpitiya Pradeshiya Sabha from being held without calling for fresh nominations.
The petition was taken up today (25) before a three-member judge bench comprising Justices Vijith Malalgoda, Preethi Padman Surasena and Gamini Amarasekara.
After considering the facts presented, the court decided not to grant leave to proceed with the petition as there is no reasonable legal basis to hear the petition.
Accordingly the petition was dismissed without being taken up for consideration, Ada Derana reporter said.
The FR petition was filed by three voters from Elpitiya including a resident named Heshan Nayanajith citing the Chairman of the Elections Commission Mahinda Deshapriya and the four members of the Commission and the Returning Officer in charge of the Elpitiya Pradeshiya Sabha election as respondents.
The petitioners claimed that the date for the Elpitiya Pradeshiya Sabha elections has been fixed without holding a meeting of the election commission.
The petitioners had stated that it is unconstitutional to hold the election again based on the nominations called in 2017.
The petitioners had request the Supreme Court to void the Gazette notification issued by the Elections Commission Chairman and to prevent the Elpitiya PS election from being held until the conclusion of the petition hearing.
