Petition challenging appointment of Ranil as MP: SC to deliver order tomorrow

18 July 2022 03:25 pm Views - {{hitsCtrl.values.hits}} 5 Bookmark

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The Supreme Court has fixed for tomorrow to announce whether it grants leave to proceed with a Fundamental Rights petition filed challenging the legality of the appointment of UNP leader Ranil Wickremasinghe as a Member of Parliament.

General Secretary of Vinivida Peramuna Nagananda Kodituwakku filed this petition seeking a declaration that UNP leader Ranil Wickremasinghe is disqualified and not entitled to be elected as Member of Parliament of the UNP.

Supreme Court three-judge-bench comprising Justices Gamini Amarasekara, Shiran Goonaratne and Janak de Silva announced that order regarding court's decision to grant leave to proceed will be announced today.

Meanwhile, Deputy Solicitor General Kanishka de Silva appearing for the Attorney General raised preliminary objections against the petition citing it has been filed out of time.

She further alleged that the petitioner has filed this petition concealing the material facts to effect that similar application filed by the petitioner has been dismissed by Supreme Court.

While agreeing with preliminary objections raised by Attorney General, President's Counsel Ronald Perera appearing for Acting President moved Court to dismiss the petition in limine.

The Petitioner states the sovereignty in the people which includes the election of MPs is an inalienable right protected by the Constitution itself and the people’s right to elect Members of Parliament at their choice, is an essential ingredient of sovereignty in the people, which cannot be defeated by way of an ordinary piece of legislation like Parliamentary Election Act.

Kodituwakku states the supreme law of the land, the Constitution, clearly specified that National List nominations shall be presented to the Election Commission within one week from the Notice received by the Party Secretaries from the Election Commission.

The Petitioner states that the General Secretary of UNP had failed to comply with the Notices served on them by the former Election Commission Chairman within the mandatory period specified by the Article 99A of the Constitution to tender the name to the fill the National List MP slot allocated for UNP by the Election Commission.

The Petitioner states that he is entitled to a declaration that his right to equality and equal treatment before law under Article 12(1) has been violated by the Election Commission who had elected Ranil Wickremasinghe without jurisdiction.

President's Counsel Ronald Perera with counsel Eraj de Silva appeared for Acting President Ranil Wickremasinghe. (Lakmal Sooriyagoda)

Comments - 5

Ram Monday, 18 July 2022 04:18 PM

If leave is granted to proceed can RW contest for Presidency for the balance period

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Ram Monday, 18 July 2022 04:20 PM

The out of time objection must be dismissed. Violation of the Constitution by out of time appointment is a continuing offence

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Precedence Matter Monday, 18 July 2022 04:30 PM

We cannot have one law for Dhammika Perera to be accepted with zero votes and Ranil to be rejected with 35000 votes both came from the National List. if votes is what decides the suitability we had a person with 6.9m votes whom we chased away. So lets be fair and accept that the constitution allowed RW to come to where he is. Lets not violate RWs fundamental rights he deserves to be treated equally to other National List members until such time we legally strengthen the constitution to prevent cross overs on the floor and even abuse of National List for wrong reasons.

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sam Monday, 18 July 2022 04:41 PM

Straight forward case whether we act according to the constitution or not

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Ajit Perera Tuesday, 19 July 2022 08:01 AM

The constitution permitted him to come in, yes. But there is a constitutional requirement as to the time period in which that appointment should take place. In this he has violated the constitution. Besides his appointment as PM and DP's appointment are both unethical and absolutely dictatorial. It did not reflect people's will at all.

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