BASL goes to court over cutouts
The Bar Association of Sri Lanka (BASL) yesterday filed two applications in the Court of Appeal seeking an order in the nature of a writ of mandamus urging the Municipal Councils of Dehiwala-Mount Lavinia and Sri Jayawardenapura Kotte and other authorities to remove unauthorized hoardings and cutouts. The These cutouts and hoardings are also in flagrant violation of Section 74 of the Presidential Elections Law No 15 of 1981, which is an offence punishable with fine, a jail term and Civic disabilities. petitioners are BASLTreasurer Upul Deshapriya; Assistant Secretary Rajindh Perera and BASL Rule of Law Committee member Priyantha Gamage.
They cited Dehiwala-Mount Lavinia Mayor Danasiri Amarathunge, Sri Jayawardenapura Kotte Mayor Janaka Ranawaka, and the Commissioners of the two Municipal Councils, Elections Commissioner Mahinda Deshapriya, Police DIG Gamini Navaratne and the Attorney General as respondents. The petitioners stated that since 1974, the BASL has been the sole body representing the rights and interests of the legal fraternity and professionals of the Unofficial Bar, discharging multifarious functions in the larger interests of the members of the Bar and to consider matters of national importance relating to the Rule of Law and Democracy as its objectives.
They said at the Meeting of the Bar Council held on November 29, 2014, it was unanimously resolved that, the BASL should engage itself and through its membership seek to ensure that a free and a fair election is held, as called for by the Commissioner of Elections.
The petitioners said the application was instituted on their own behalf and in the public interest of the residents of the Sri Jayawardenapura Kotte and the Dehiwala-Mount Lavinia areas, because of the failure by the respondents to remove a large number of unauthorized hoardings and cutouts that have been erected and the arbitrary decision of permitting the erection of such propaganda hoardings of President Mahinda Rajapaksa and in a few instances of posters of common opposition candidate Maithripala Sirisena. This was in direct violation of the by-laws and in particular Section 74 of the Presidential ElectionAct No. 15 of 1981. These cutouts and hoardings are also in flagrant violation of Section 74 of the Presidential Elections Law No 15 of 1981, which is an offence punishable with fine, a jail term and Civic disabilities.