Two Petitions brought against SF as MP

The Supreme Court fixed for support on May 24 both the fundamental rights petition as well as the Writ application which seeks to restrain or prevent Sarath Fonseka from functioning or assuming any position on the basis of being a Member of Parliament until the final determination of the Court.

The Bench comprised Chief Justice K.sripavan, Justices Sisira J. De Abrew.

The Centre for Policy Alternatives and its Executive Director Dr Pakiasothy Saravanamuttu in the petition contend that the purported nomination of Sarath Fonseka by the UNP General Secretary Kabir Hashim as an MP to fill the vacancy created by the demise of M.k.d.s.gunawardhane through the National List of the UNP and the subsequent steps taken to fill the said vacancy were unconstitutional, illegal, arbitrary, irrational, grossly unreasonable, contrary to law, ultra vires, and therefore null and void.

They cited UNP General Secretary Kabir Hashim, FM Sarath Fonseka, Speaker Karu Jayasuriya, Secretary General of Parliament Dhammika Dassanayake, Members of the Elections Commission and the Attorney General as Respondents.

Viran Corea PC with Bhavani Fonseka, Louie Ganeshathasan and Subhashini Samara Arachchi instructed by Moahan Belendra appeared for the Petitioners. Deputy Solicitor General Nerin Pulle appeared for the Attorney General. The Writ petition was filed by retired Army Officer and former Southern Provincial Councillor Ajith Prasanna challenging the appointment of Field Marshal Sarath Fonseka as a Member of Parliament.