LAKMAL SOORIYAGODA 
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Constitutional Council’s decision to reject President’s nomination challenged in SC
Colombo, FEb 15 (Daily Mirror) - A Fundamental Rights petition has been filed in the Supreme Court seeking an order directing the Constitutional Council to approve the recommendation made by the President to appoint incumbent President of the Court of Appeal Nissanka Bandula Karunaratne as a Supreme Court judge.
The petitioner Sarith Maheeputhra Pathirathne an Attorney-at-Law by profession filed a petition naming the members of the Constitutional Council including Prime Minister Dinesh Gunawardena, Speaker Mahinda Yapa Abeywardena, Opposition Leader Sajith Premadasa, Nimal Siripala de Silva, Sagara Kariyawasam and several others as the respondents.
The Petitioner stated that the Constitutional Council’s decision to reject the recommendation of the President to fill a vacancy in the Supreme Court with the senior most judge of the Court of Appeal who had also been endorsed by the Chief Justice is arbitrary and unreasonable.
The Petitioner stated that the Council had held a meeting on January 19 to consider several matters, including consideration of the recommendation to fill the vacancy in the Supreme Court and at the said meeting, the majority of the Council had voted against the president’s recommendation. Accordingly, in terms of Article 41 E (4) of the Constitution, the said recommendation was not approved by a majority decision of the Council. The Constitutional Council has rejected the recommendation made by the President citing that they cannot satisfy themselves on the suitability of Justice Karunaratne for appointment to the Supreme Court, taking into consideration an allegation levelled by the Attorney General bench fixing tactics by Pastor Jerome in his writ petition against his arrest.
The petitioner stated that in the instant case the majority of the Council has failed in its constitutional mandate and acted in an extraordinarily arbitrary and capricious manner.
The petitioner maintained that the conduct of the Council, to cast negative aspersions against the nominee, reject his nomination for higher judicial office and thwart his career progression, merely on the basis of oral submissions of the State Counsel and public allegations of ‘bench fixing’ on the part of a litigant, is wholly irrational.
This petition is to be supported by President’s Counsel Faiszer Musthapha.
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