Charitha Gunarathne’s FR petition fixed for support on Monday

6 May 2020 12:01 am - 0     - {{hitsCtrl.values.hits}}

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Contesting holding of Polls on June 20

By S.S.Selvanayagam

The Fundamental Rights petition filed by Charitha Gunarathne contesting the June 20 Parliamentary election is to be taken up on Monday 11 before the Supreme Court to support for granting of Leave to Proceed.  

The petitioner is seeking a declaration from the court to invalidate the Extraordinary Gazette notification declaring the June 20 election.  


Petitioner Charitha Gunarathne cited Election Commission, its chairman Mahinda Deshapriya, its members N. J. Abeysekera and S. Rathnajeevan H. Hoole as well as P.B.Jayasundara who is the Secretary to the President, , Director General of Health Services Dr Anil Jasinghe and the Attorney General as Respondents.  


The petitioner seeks , inter alia, an order from the court quashing a decision taken by the 1st to 4th Respondents to conduct the General Election 2020 on June 20 of this year by publishing the Extraordinary Gazette Notification No. 2172/3 dated 20-04-2020, and other decisions, actions, orders subsequent to the aforesaid Gazette.  
The petitioner pleads that the Fundamental Right to equal protection of law has been blatantly violated by the aforesaid actions of the Elections Commission and its members.  


He pleads that the purported order was compelled to be published in the Extraordinary Gazette Notification by them due to the actions and omissions of the 5th Respondent who represents the President.  


He pleads that the conduct and the acts of the Elections Commission and its members and the Director General of Health Services are malice, arbitrary and capricious, illegal, and ultra vires due to which the intervention of the Supreme Court is fit and proper.  


He also pleads that, in the event of Election Commission and its members take any steps pending this application, to conduct the Parliamentary Election which is due on 20-06-2020, it would cause substantial loss, damage, hardship and prejudice to him and the citizens at large.    

 

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