Setback for President as Supreme Court orders for immediate LG polls

Friday, 23 August 2024 00:40 - - {{hitsCtrl.values.hits}}

Declares postponement by Election Officials and President in his capacity as Finance Minister violated voters’ Fundamental Rights
Case marks second instance where a sitting President has been found to have violated fundamental rights of people
Court says justifications such as lack of funds do not override fundamental rights of the electorate

President Ranil Wickremesinghe

The Supreme Court yesterday ruled that the postponement of the local Government elections, initially scheduled for 9 March 2023 has violated the fundamental rights of voters, marking a significant judgement against the actions of the Election Commission and other officials involved including President Ranil Wickremesinghe. The court accordingly ordered the immediate rescheduling of the elections. The decision came after the court reviewed petitions filed by the Samagi Jana Balawegaya (SJB), the National People’s Power (NPP), the Centre for Policy Alternatives (CPA), and the People’s Action for Free & Fair Elections (PAFFREL).

The petitions argued that the failure to hold the elections as scheduled infringed upon the basic rights of citizens. The petitioners were represented by President’s Counsels Upul Jayasuriya, Nigel Hatch, and Viran Corea, among others.

A five-member bench, comprising Chief Justice Jayantha Jayasuriya, Vijith Malalgoda, Murdu Fernando, Gamini Amarasekara, and Yasantha Kodagoda, delivered the ruling. The court found that both the Election Commission and the President, in his capacity as the Minister of Finance, were responsible for violating voters’ rights by postponing the elections.

This verdict marks the second time a sitting president in Sri Lanka has been found to have violated the fundamental rights of the country’s people. The first instance was in 2018, when former President Maithripala Sirisena was found to have violated the fundamental rights of the people by appointing Mahinda Rajapaksa as Prime Minister, displacing Ranil Wickremesinghe.

The local Government elections were initially postponed from 9 March to April 2023 before being postponed indefinitely with the Government citing a lack of funds due to the economic recovery process. However, yesterday’s Supreme Court ruling emphasised that such justifications did not override the fundamental rights of the electorate. The Supreme Court’s final verdict was delivered yesterday after concluding the hearings on 6 June.