PETITION LG POLLS CALLING FOR IN GALLE, MATARA TO SC
The Supreme Court yesterday (29) granted leave to proceed with the fundamental rights petition which seeks an order from the Supreme Court to direct the Elections Commission (EC) to take all necessary steps to hold elections for the local government elections in the Districts of Galle and Matara.
The Bench comprised Chief Justice K.sripavan and Justice B.p.aluvihare.
The Court also intimated that it will decide to give appropriate direction to either to the Minister concerned or the Elections Commissioner after considering the objections put forward by the Attorney General and the counter objections by the Petitioners.
Objections were to be filed within four weeks and the counter objections two weeks thereafter. The case was fixed for July 8.
The Petitioners were the Chairmen and Deputy Chairmen of the United People’s Freedom Alliance for the Weligama Urban Council and the Dikwella, Thawalama, Neluwa, Weligama, Thihagoda, Kirinda, Kotapola, Mulatiyana, Pasgoda, Devinuwara, Kamburupitiya, Athuraliya, Malimbada, Akuressa, Hakmana, Matara and Pitabeddara Pradeshiya Sabhas. They cited the Elections Commission, its Chairman Mahinda Deshapriya, its Members, Local Government & Provincial Councils Minister Faiszer Musthapha, the Attorney General as Respondents along with several others.
They state that prior to their terms of office expiring on 01.04.2015, the Minister extended the terms of office of 3 Municipal Councils, 30 Urban Councils and 201 Pradeshiya Sabhas.they also state that no further extensions were made in respect of the said local authorities and the terms of office of these local authorities had expired on 15.05.2015.
They contend there is no provision in law for the Secretaries to have, exercise, perform and discharge rights, privileges, powers, duties as the functions of the Council and/ or Sabha and/or the Chairman and/ or Pradeshiya Sabha had expired according to law and maintain that the Elections Commission was duty bound to hold the election before the expiry of the said term. Manohara de Silva PC with Udaya Gammanpila appeared for the Petitioners. Additional Solicitor General Sanjay Rajaratnam with Deputy Solicitor General Demuni de Silva appeared for the Elections Commissioner and the Attorney General respectively.