Former Chief Justice Sarath Nanda Silva said today there were provisions to take legal action against the Elections Commissioner if he makes arrangements to hold the presidential election before November 19, 2016.
He said if this was to happen he would intervene by petitioning the Supreme Court against the Elections Commissioner.
Mr. Silva said Section 31. 2 of the Constitution clearly states that a President who is elected to office on two successive occasions was disqualified from contesting again in a presidential election but this had been changed by 18th Amendment passed in September 2010.
He said where President Mahinda Rajapaksa had erred was in the non-inclusion in the 18th Amendment that the President was qualified to hold a portfolio on more than two occasions.
Mr. Silva said the President had no authority to sanction a third presidential election before November 19, 2016 and as such the fielding of a common candidate by the opposition political parties did not arise because a common candidate was only necessary for a common opponent.
He said the decision on a common candidate has to be taken after the general election which is likely to be held in January 2016 and with the 18th Amendment not providing for the President to hold a portfolio on more than two occasions there was no way that an election can be declared before 2016. (Indika Sri Aravinda)
Video by Indika Sri Aravinda