SC re­jects for­mer CJ’S FR pe­ti­tion

En­act­ment of PC Amend­ment Bill:

Daily Mirror (Sri Lanka) - - BUSINESS NEWS - BY S.S.SELVANAYAGAM

The Supreme Court yes­ter­day re­jected the fun­da­men­tal rights pe­ti­tion filed by for­mer Chief Jus­tice Sarath N. Silva chal­leng­ing the en­act­ment of the Provin­cial Coun­cil Elec­tions Amend­ment Bill.

The Bench com­prised Chief Jus­tice Priyasath Dep, Jus­tices Buwaneka Alu­vi­hara and Nalin Per­era.

Pe­ti­tioner Sarath N. Silva had said the Bill should have been Gazetted and it should be in the pub­lic do­main. He also sub­mit­ted that the Supreme Court made its de­ter­mi­na­tion of the 20th Amend­ment and pro­nounced that cer­tain pro­vi­sions in the said Bill were in­con­sis­tent with the Con­sti­tu­tion and if it was to be en­acted, it should be passed by 2/3 ma­jor­ity of the Par­lia­ment.

He said the Gov­ern­ment con­ve­niently ig­nored the said Bill and in­serted the Clauses in an­other Amend­ment Bill for Provin­cial Coun­cils.

He com­plained that in the pro­posed orig­i­nal Bill for 30 per­cent of Fe­male can­di­dates in the nom­i­na­tion list, one page was re­moved and 21 new Clauses were in­serted. He claimed that as such it was a new Bill and needed to be pub­lished in the gazette as a new Bill for peo­ple who are the de­pos­i­tory of fran­chise and leg­isla­tive power.

Ad­di­tional So­lic­i­tor Gen­eral San­jay Ra­jarat­nam ap­pear­ing for the At­tor­ney Gen­eral and the Elec­tions Com­mis­sioner raised three preliminary ob­jec­tions on the main­tain­abil­ity of Sarath N. Silva’s fun­da­men­tal rights on the ground of sup­pres­sion of ma­te­rial facts, no ju­ris­dic­tion and Par­lia­men­tary Pow­ers and Priv­i­leges Act.

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