UNP, SLPP, JVP OPPOSE PETITION CHALLENGING LG GAZETTE
CA fixes order for Nov. 22
When the writ petition challenging the gazette notification of Provincial Councils and Local Government Minister Faizer Musthapah was taken up in the Court of Appeal yesterday (16), several parties namely UNP, Sri Lanka Podujana Peramuna(slpp), JVP, PAFFREL, Caffe, and Eksath Jathika Nidhahas Peramuna indicated their intention to intervene to oppose the original Petition.
The Bench comprising Justices L.t.b.dehideniya (President/ca), Kumudini Wickramasinghe and A.l.s.gooneratne directed them to file their papers on Monday (20) to consider whether to allow their intervention or not.
The Attorney General yesterday raised preliminary objection on the maintainability of the Writ Petition seeking to quash the decision of the Minister of Provincial Councils & Local Government Faizer Musthapha.
Pursuant to certain purported recommendations of the five member National Delimitation Committee headed by its chairman Ashoka Peiris, the Minister has by Gazette notification dated l7th February 2017 effected the amendments by amending the boundaries, number of members and the constituent parts of wards in respect of the Local Authorities.
Deputy Solicitor General Arjuna Obeysekera appearing for the Respondents the Minister and the Ministry Secretary raised objections on the grounds time limit that the petition has been filed after 9 months and the petitioners had no locus standi (the right or ability to bring a legal action to a court of law, or to appear in a court), there is no necessary parties in the petition namely Election Commission etc.
The Court fixed its order for November 22 on issuing Notices as well as on the intervenient petitioners.
Petitioners W.d.g.wijeratne (Kandy District), T.sirisena Fernando (Colombo District), R.k.m.karunatilake Kumara ( Kurunegala District), D.k.ariyaratne( Badulla District), J.k.rajapaksha Senadheera( Ratnapura District), P.h.yohan Dhanushka (Matara District) cited Minister and the Ministry Secretary as Respondents.
Petitioners said the legislature has sought to amend the manner in which members were elected to local authorities and introduce a new electoral system which is a mixed system comprising elements of a single majority ( i.e. first past the post) and proportional systems.
They state the legislature has added another aspect to the electoral process pertaining to the election of members to Local Authorities whereby certain guarantees are imposed on the election of female representatives.
The said status required a comprehensive national delimitation process which was necessary for the demarcation of all local authorities into distinct wards and to determine the number of members that could be elected.
The President by gazette notification dated 21st August 2015 has published the number of wards, the boundaries, names, number alphabetical letter in English assigned to each ward so create on the recommendations of the National Delimitation Committee in respect of the local authorities throughout the Island, they state.
The Minister of Local Government & Provincial Councils is vested with the power to cause an alteration to be made to the boundaries of the wards as published in terms of the Local Authorities Act, they state.
Such alterations are required to be made on the recommendations of a Committee consisting of five persons appointed by the Minister, they state.
Consequent to the publication of the gazette notification dated 21st August 2017, the Minister had ostensibly appointed a Committee to ostensibly effect the alterations to boundaries of ward, they lament.
Pursuant to certain purported recommendation of the Committee, the Minister has by gazette notification dated 17th February 2017 has effected purported amendments, they state.
They bemoan several wards in Colombo and Kandy Municipal Councils as well as Kotapola,panduwasnuwara, Haliela and Empilipitiya Pradeshiya Sabhas which were designated as Multimember wards have been re-designated as wards which only elect one member and other several wards which elected only one member have been re-designated as Multi-member wards.
They blame the Minister had made alterations to the number of members elected from ward in many local authorities throughout the Island.
They contend the Minister is not empowered to cause any alteration to the number of members and the boundaries of wards. They allege the Minister has acted ultra vires(beyond his powers) and without jurisdiction.
They seeks the Court to quash the decision of the Minister contained in the Gazette notification dated 17th February 2017 and suspend the operation of the said gazette notification until the final determination.
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