SC dismisses petition against Presidential Election 2019

The Supreme Court today (04) dismissed the petition filed seeking an order invalidating the Gazette notification declaring the Presidential Election 2019.

The petition was filed by the former Mayor of Galle Methsiri de Silva yesterday (03) citing Elections Commission Chairman Mahinda Deshapriya, the members of the commission and the Attorney General as its respondents.

The petition was taken up this morning before a three-judge bench consisting of Supreme Court Justices Vijith Malalgoda, Preethi Padman Surasena and Gamini Amarasekara.

The attorney-at-law representing the petitioner requested the court to withdraw the petition that is already lodged while retaining the right to submit a new petition.

The judge bench has then strictly advised the petitioner’s lawyer not to be in contempt of the court.

Justice Malalgoda stressed that irresponsible actions that are in contempt of the court cannot be accepted.

He added that making a request as such from the Supreme Court when the petition was filed last evening and taken up today for hearing is questionable.

Considering the presented submissions, the Supreme Court ruled that the relevant petition will be dismissed.

Petitioners pointed out that the incumbent President Maithripala Sirisena was elected as President on January 8, 2015, for a term of six years. Despite this, the Election Commission has issued a gazette notification calling for a presidential election as soon as five years have elapsed since the commencement of President’s term and nominations for the elections have been called on the 7th of October.

Hence, the petitioner had requested a Supreme Court ruling declaring the decision of the Elections Commission unconstitutional and the relevant gazette notification invalid. He also requested the court to issue an interim injunction preventing the submission of nominations for the election on the 07th October.