Counsel for President’s Secy. tells SC election can be held within 1 1/2 months

• SC hears submissions for 4th day challenging dissolution of Parliament and election date
• Says EC seeking 10 weeks for poll not necessary as nomination process is complete
• Blames EC for delay in holding polls, says people deprived of right to exercise their franchise 

The health situation in the country is satisfactory enough for the parliamentary election to be held within the next one and half months, Counsel for the President’s Secretary Romesh de Silva PC told the Supreme Court yesterday, adding that there was no justification for the Election Commission (EC) trying to postpone the poll by 10 weeks.

The Counsel made the submission when the fourth day of hearing into several Fundamental Rights petitions challenging the Gazette issued by President Gotabaya Rajapaksa dissolving Parliament as well as the Gazette issued by the EC that set 20 June as the election date were taken up.

The case was heard before a five-member Bench, comprising Chief Justice Jayantha Jayasuriya and Justices Buwaneka Aluvihare, Sisira de Abrew, Priyantha Jayawardena and Vijitha Malalgoda.

The counsel also said the EC should take responsibility for the delay in holding the election, saying that with the nomination process already completed, the election can be held within six weeks. He said the delay in holding the election is depriving people of their right to exercise their franchise.

He also said the arguments put forward by attorneys who appeared for the petitioners that the EC did not have the power to change an election date set by the President is baseless. “This is an independent EC, and it has the power to change the date, which is what it has done,” he said. 

de Silva also said that there seem to be differences of opinion within the EC, with one of the commissioners being represented before the Court.

He also submitted that a dissolved Parliament cannot be recalled, saying that it is now a “dead” Parliament after it was dissolved by the President on 2 March.

He added that the President has the power to draw money for State expenses from the Consolidated Fund during the period Parliament stands dissolved, and the necessary sanction will be obtained when the new Parliament meets. Further hearing into the case will continue today.