EC amenable to PC polls sans delimitation process

4 June 2019 12:05 am - 0     - {{hitsCtrl.values.hits}}

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  • Two writ petitions seek CA to direct EC to conduct polls of those terms of office that have expired

 

By S.S. Selvanayagam 

The Elections Commissioner yesterday indicated to the Court of Appeal (CA) that he was, in principle, willing to conduct Provincial Council elections without recourse to delimitation process.  

Two writ petitions have sought the CA to direct the Elections Commission to take measures to conduct Provincial Council elections of those terms of office that have expired.  The petitions came before the bench comprising Justices Yasantha Kodagoda (President/CA) and Arjuna Obeysekera.   


Appearing for the petitioners, President’s Counsel Sanjeewa Jayawardena in his submission brought to cognizance that in terms of the Provincial Council Election Ordinance, commencement upon expiry, the term of office of Provincial Council by effluxion under Article 154E of the Constitution, the Elections Commissioner can act under Section 10 of Provincial Council Election Ordinance and give notice of the conduct of the election without recourse to delimitation process which would otherwise result in the delay of conducting elections and the people’s franchise. 


Petitioners G.A. Mahipala Herath, former Chief Minister of Sabaragamuwa S.M. Ranjith, the former Chief Minister of North Central cited Elections Commission Chairman Mahinda Deshapriya, members N.J. Abeysekara and Prof. S.R.H. Hoole, members of the committee to review the delimitation report of the electorate in Provincial Councils and others as respondents.  Uditha Egalahewa PC with N.K. Ashokparan appeared for the Elections Commission while Senior State Counsel Uresha Fernando appeared for the Attorney General. 

 

The bench comprised Justices Yasantha Kodagoda and Arjuna Obeysekera

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