Thu, 30 Mar 2023 Today's Paper

Video: Ex-CJ to petition SC on snap presidential poll

25 August 2014 04:22 pm - 40     - {{hitsCtrl.values.hits}}


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

  Comments - 40

  • Thomas Ranger Tuesday, 26 August 2014 07:50 AM

    In the US, Obama is called Mr. President - no bloody excellency and he will go 2016.

    N. Rella Tuesday, 26 August 2014 04:51 AM

    This may be HIS only passage if HE is cornered with 13 or 13+ to step down and begin the patriotic march with street fighters..... pls dont block the way.......

    Arjuna Ranawana Tuesday, 26 August 2014 05:08 AM

    We can believe him and his advise.

    sarath Tuesday, 26 August 2014 05:10 AM

    Since there is no better ruler other than H.E MR let him to contest third time, and if necessary the fourth time also. If there is a legal barrier that should be amended immediately.

    J Sri Tuesday, 26 August 2014 05:12 AM

    Excuse me !!! For ten years you were the dictator in the very Supreme Courts !! You abused the very law that your trying to interpret !! Your the Biggest Hypocrite that Sri Lanka had ever seen !! You may forget but we Remember !!!

    Magy pachceye Tuesday, 26 August 2014 05:32 AM

    ex-CJ speaks with proof and not with mouth words. so we can trust him 1000%

    BuffaloaCitizen Tuesday, 26 August 2014 05:45 AM

    Excellent comment.

    Fayad Tuesday, 26 August 2014 06:14 AM

    How did he get 2/3 ??? because of your ruling , now you are complaining

    Mason Tuesday, 26 August 2014 06:18 AM

    A very good piece of news. Every person who loves this country will support any move to prevent the present incumbent ruining it for a third term.
    Let us all get together to save Sri Lanka.

    wasantha Tuesday, 26 August 2014 07:14 AM

    You blundered theHelping hambanthota. people have less faith on you.

    CITIZEN Tuesday, 26 August 2014 04:49 AM

    Sir, how about Mugabe? He is President for many times and, may be, until he is given a cordial invitation to join the Dead!!!
    Yes, as you say, President can't contest in terms of the law unless he belongs to the latter's category!

    Kiri Gamarala Tuesday, 26 August 2014 08:45 AM

    Former CJ vs present CJ would be an interesting battle. I have my doubts about the bonafides of Ex CJ. It could well be on the instructions of Prez MR to test the legality of the 18A.

    desilva Tuesday, 26 August 2014 08:59 AM

    So Mr Mahinda Rajapakasa can not contest!.However by 2016 I dont think Srilanka would excist!/

    surain Tuesday, 26 August 2014 09:00 AM

    meya bila kiyanawa, boru thoil natanawa welawen welawata

    Ron Tuesday, 26 August 2014 09:01 AM

    Sorry CJ..don't try to bully people. We know how you were given rulings at SC.
    MR will defnitely contest 3rd time and if people like him,he'll be selected.

    punchinilame Tuesday, 26 August 2014 09:39 AM

    The 19th Amendment is in the making - how does one expects
    the 16th worst ruler of a country in ranking going home under
    any cost? The M.PP will have to now decide whether want
    him or not and give the 2/3rd Vote - and they will to keep their
    home fire burning. The Mohan Courts are not for you Mr.SS.

    Rubert Vanderkoon Tuesday, 26 August 2014 10:35 AM

    Exactly Fayad. This guy ruined the constitution and now he is barking because he is not being considered as a potential Common Candidate while his successor lady is. The president has 2/3 and he will do all what is necessary to stay in power. If necessary he will amend the constitution again.

    Rubert Vanderkoon Tuesday, 26 August 2014 10:36 AM

    Not really, he has not been considered as the common candidate but his junior Mrs Bandarakayake has.

    K. Chinthana Tuesday, 26 August 2014 10:36 AM

    This is a total Gimmick. We know who this CJ is. He will finally advise MR to bring in an amendment and then he could go ahead. This is all publicity. Should never trust this man.

    shaf Tuesday, 26 August 2014 12:18 PM

    No problem sir, 2015 December world end

    Hiran Thilakaratne Tuesday, 26 August 2014 02:19 AM

    Mr. silva,



    ReNu Monday, 25 August 2014 05:12 PM

    This is the best news people want to hear, but HE in the US will get another rude shock

    Ananda Monday, 25 August 2014 07:41 PM

    Thank you so much for explaining the facts

    sriyani Monday, 25 August 2014 10:33 PM

    white van coming

    sniper Tuesday, 26 August 2014 01:21 AM

    No problem, If it like this they will change this rule also.

    Crazy Coot Tuesday, 26 August 2014 01:37 AM

    Didn't he allow a Presidential election one year earlier?

    Public Tuesday, 26 August 2014 01:46 AM

    Dear former CJ!, what if the Public really wants? Is the law above the Public?

    konesaro Tuesday, 26 August 2014 01:52 AM

    Yes, the opinion of Sniper is perfectly correct. Their aim is to have a lifelong presidency. They will do anything to hold it.

    Mutu Tuesday, 26 August 2014 01:56 AM

    Can't the VIPs buy the judges like buying opposition MPs?

    Dushantha Kurera Tuesday, 26 August 2014 02:15 AM

    President wants to hold elections before his term ends and that is also termed as dictatorship?? Sri Lanka is the only country where when elections are fast forwarded opposition do not like !!!.............. This shows the bankruptcy of the opposition !!!
    The President says come beat me and the guys don't want it !!!

    Ihale Monday, 25 August 2014 10:17 PM

    Sir What is your ulterior motive If it is in good faith We welcome your move. via DM Android App

    indi Tuesday, 26 August 2014 02:42 AM

    There is no ulterior motive. he explains the legality. he knows the law better than everyone else I suppose.

    hobson Tuesday, 26 August 2014 02:46 AM

    this is a another trick by MR as this guy is a good buddy of MR doing things at his bidding !!

    Chris Tuesday, 26 August 2014 03:03 AM

    Dushantha people like you are the reason for the downfall of the country. Cost of living is sky rocketing and you still suck up to the president. Lame.

    C.K.Lankaputhra Tuesday, 26 August 2014 03:15 AM

    All this is part of the Presidential election campaign to support the sitting president by a different approach. He is a good chum of the president. In fact his best-man.

    Fayad Tuesday, 26 August 2014 03:19 AM

    But you need to take 100% blame for 18h Amendment. your ruling that no one will lose the parliament seat if he or she crossover.

    Azee Tuesday, 26 August 2014 08:53 AM

    Ex CJ has appeared after long hiding Why object to a before time Ptial election as people want to get rid of him as early as possible via DM Android App

    Jayantha Jayamanne Tuesday, 26 August 2014 03:59 AM

    Mr. President will not take up his comments as he had become the Hitler of SriLanka.

    Perumal Tuesday, 26 August 2014 04:03 AM

    [quote name="indi"]There is no ulterior motive. he explains the legality. he knows the law better than everyone else I suppose.[/quote]
    Will he still petition if MR arrange for depositing 100 billion in a Swiss Bank Account (in his favour)?

    All known Tuesday, 26 August 2014 04:44 AM

    This happened in the 13th amendment that had addressed of parity had not included clauses for the implementation. This was corrected with simple majority. President who had purchased the 2/3 majority will do it.

Add comment

Comments will be edited (grammar, spelling and slang) and authorized at the discretion of Daily Mirror online. The website also has the right not to publish selected comments.

Reply To:

Name - Reply Comment

Import of South Indian eggs: Sri Lanka walks on Indian eggshells

With the increase in egg prices the government decided to import eggs to regu

Wokeism: Is it destructive, or are you afraid of change? A response

In order to critically discuss a movement, we must first understand its etymo

Defeat in Ananthapuram Battle denoted the LTTE’s end

Many battles were fought during the long war between the Sri Lankan armed for

Wokeism: A Weapon of Mass Destruction?

When can one say they’ve had enough of being in a state of ‘wokeness’ a