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MR, CBK eligible to contest again ?

2018-08-16 05:56:06
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Some legal experts are of the opinion that former President Mahinda Rajapaksa is not debarred from contesting the Presidential Election for the third time, it is learnt.

These legal experts believe though the 19th Amendment barred anyone from seeking the Presidency for the third time, it did not have retrospective effect.

That they believed, it did not apply to the past Presidents, who served two terms.

Therefore, they opine that Mr Rajapaksa had the legal eligibility to contest the Presidential polls if he is interested.

However, the Supreme Court has to give its opinion in this regard. For that purpose, it is likely that a voter will make a Fundamental Rights application to the Supreme Court in the future. (Kelum Bandara)


  Comments - 36

  • Sambo Thursday, 16 August 2018 06:09

    Yes! we have too much educated fools in this country that's why we call it a Land of Chaos.

    Reply : 10       191

    Upul Thursday, 16 August 2018 06:22

    Does this mean that they are eligible to contest unlimited times?

    Reply : 8       134

    Bushel Thursday, 16 August 2018 08:55

    YES

    Reply : 47       26

    Vipin b Thursday, 16 August 2018 10:53

    No. It means from the day the law came into effect, no one can contest more than twice. Laws generally do not have retrospective (apply to the past) effect.

    Reply : 4       57

    SAM Thursday, 16 August 2018 11:25

    It was made the Law of the Jungle.

    Reply : 1       35

    Goonbag Thursday, 16 August 2018 06:30

    They'll do anything to bring this crook back into power again

    Reply : 35       181

    legal Thursday, 16 August 2018 06:50

    This is the simple reason that UNO is not prepared to believe our legal experts but not the legal system

    Reply : 8       106

    p nonis Thursday, 16 August 2018 06:55

    There is no end to politicians who have eaten the cake and know the taste of it. and wants to go on for ever as long as they live. all these constitutional change they want to do in view of going back to the same old system of the PM and Mps everybody in the Govt pay roll with unlimited allowances and benefits including life time retirement .while the worker and govt servants only entitled to a EPF and ETF after working a life time2/3 of sri lanka still very very poor.

    Reply : 2       75

    tt Thursday, 16 August 2018 07:42

    Don't need either of them back!

    Reply : 15       101

    Saradiel Thursday, 16 August 2018 12:03

    Agree. In fact sick of both of them and also the present one. All of them have done more damage than good. Willing to take a risk with a new acceptable face.

    Reply : 2       43

    Daya Thursday, 16 August 2018 07:58

    The “spirit of the law” is the reasoning behind why the law was enacted needs to be apply here than what is letter of the law.

    Reply : 3       48

    TONY Thursday, 16 August 2018 08:49

    THERE IS NO VAGUE CLAUSES IN LAW. THEY CANNOT ASSUME THAT IT WOULD TAKE RETROSPECTIVE EFFECT. THEREFORE, THERE WILL ALWAYS BE A TECHNICAL FLAW IN ANY CONSTITUTION OR AGREEMENTS. CBK IS NOT INTERESTED TO GET BACK BUT MR IS SO GREEDY, HE WILL BE GLAD TO HAVE ANOTHER SHOT. HE IS SHAMELESS AFTER HE LOST TO "AIYO SIRISENA"

    Reply : 10       66

    cw Thursday, 16 August 2018 17:45

    CBK may not be thinking of coming back ans no one would nominate her, but what is she doing now? Is she not the one who created this mess that we are in now?

    Reply : 4       8

    Dam Thursday, 16 August 2018 08:49

    Tell us who are the legal experts. Rubbish ... trying to mislead the nation

    Reply : 5       81

    surasena Thursday, 16 August 2018 18:38

    May be GL the law Proffesory?

    Reply : 1       7

    Aruna Thursday, 16 August 2018 09:00

    I personally like MR to rule the country again that he is the only one who achieved a great feat that completing the 30 long yrs old civil war, making Island wide infrastructure paving the way for investors and developers in such a small period of time despite what sort of allegations of corruptions which yet to be proven a slight even nearly after 4 yrs of the new government.

    Reply : 122       59

    jonson Thursday, 16 August 2018 11:40

    but he destroyed the economy

    Reply : 29       64

    Nihal Thursday, 16 August 2018 10:07

    Enough enough past 70 years both slfp unp totally sabotage entire economy by corruption we all citizens need PRESIDENTIAL Tough EDUCATED candidate from civil society to stop all this mafia invested country

    Reply : 3       45

    De Silva Thursday, 16 August 2018 10:13

    Is it GL Peru’s who have this drope ?!

    Reply : 5       31

    bandula Thursday, 16 August 2018 10:34

    whether it is mentioned or not it is automatically retrospective. At the time of application, conditions is applicant should not have held such position more than once before. then only he/she will be able to apply legally for second time.

    Reply : 2       18

    Saman Thursday, 16 August 2018 10:49

    This is why Aliens not visiting this country.

    Reply : 1       23

    Sue Thursday, 16 August 2018 10:50

    OMG. NO, NO, NOOOOO. What a nightmarish thought. Please dont let it become reality.

    Reply : 13       39

    Dayan Thursday, 16 August 2018 11:03

    Very foolish opinion.

    Reply : 6       26

    Sarath Thursday, 16 August 2018 11:10

    The only legal expert who thinks that must be that clown GL Pieris ;-)

    Reply : 6       40

    rajan Thursday, 16 August 2018 11:31

    This is just a teaser. Those who drafted the amendments to the constitution would have sealed all such loop holes to debar the one's who held such posts in the past. They even went to the extent of disqualify the dual citizenship holders from contesting/holding any positions. The legal draftmen are smart and intelligent and they do not have a GL prefix before their name.

    Reply : 2       25

    Sisili Bisili Thursday, 16 August 2018 11:38

    Why not. This is their property. One was a king. Other was a queen. (If you remember the time of 1996 Liberation of Jaffna) We general public are the humble servants who pay taxes to maintain their families, TV channels, chichis...etc

    Reply : 3       27

    jonson Thursday, 16 August 2018 11:39

    What's the use of Bringing those expired back to the arena?They have proved their inability striking innigs.This country now needs fresh leadership and new party.

    Reply : 5       29

    Appusingho Thursday, 16 August 2018 11:45

    Vote for Nagananda Kodituwakku, who is well educated, if you do not like MR and CBK.

    Reply : 13       18

    Saranga Thursday, 16 August 2018 12:04

    I have one word Disgusting

    Reply : 6       27

    Fedi Thursday, 16 August 2018 12:21

    Fake it until you make it !

    Reply : 1       13

    uncle Thursday, 16 August 2018 12:29

    we hereby pledge our allegiance to MR.Save us, O' King !!!!

    Reply : 48       13

    WTF Thursday, 16 August 2018 12:46

    SL Legal Experts appear to know everything BUT the law.

    Reply : 4       33

    Nuwan Thursday, 16 August 2018 15:43

    Another twist to bring in CBK, MR, MY3 and all from SLFP or whatever it's current form to the competition. This will automatically split the votes making it easy for RW.

    Reply : 8       8

    Dhammika Thursday, 16 August 2018 17:30

    RW will not contest BECAUSE RW knows he will be the LAST .

    Reply : 2       6

    Cobra Thursday, 16 August 2018 18:21

    They must bring a law to have an expiry date for these good for nothing politicians and take them off the shelf for good!!!

    Reply : 0       11

    CITIZEN Friday, 17 August 2018 16:06

    Who are the legal experts who have given this interpretation? Certainly, it would be our Learned Prof. of Law, who is renowned for his "cock-eyed" interpretations in legal matters! The 19th Amendment to the Constitution need not be with retrospective effect to debar the former President/s to qualify to contest but the amended Article 31 of the Constitution categorically states under 31-1-2 "No person who has been twice elected to the office of President shall be qualified to be elected ...." As such, the 2 living Presidents have to be reborn to contest the Presidency!!!

    Reply : 0       1

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