Petition against EC decision fixed for tomorrow

The Supreme Court (SC) yesterday deferred for tomorrow the fundamental rights petition challenging the decision of the Election Commission (EC) to hold the Elpitiya Pradeshiya Sabha elections. The Bench comprising Justices Murdu N.B. Fernando and S. Thurairaja put off the hearing of the petition for support for granting leave to proceed on the basis that the Bench was not properly constituted.

Petitioners S.M. Yeshan Nayanjith, S.M. Maleesha Dilhan and S,A.M. Devinda Abeywardena, who are voters and residents of the area, in their petition sought the SC to restrain the EC from holding the elections.

The petitioners cited EC Chairman Mahinda Deshapriya, EC members and the Returning Officer in charge of the elections to the Elpitiya PS as respondents.

They claimed that the date of the elections had been fixed without a meeting of the EC and also pointed out that it was unconstitutional to hold the election based on the nominations submitted in 2017.

An Extraordinary Gazette notice was earlier issued by the Galle District Returning Officer Somaratne Vidhanapathirana confirming that the elections to the Elpitiya PS would be held on October 11, 2019.

Suren Fernando appeared for the petitioners while Additional Solicitor General Indika Demuni de Silva appeared for the AG.

They claimed that the date of the elections had been fixed without a meeting of the EC and also pointed out that it was unconstitutional to hold the election based on the nominations submitted in 2017