Election to go ahead on 14 Nov. as SC dismisses petition

Tuesday, 5 November 2024 00:45 - - {{hitsCtrl.values.hits}}

The Supreme Court has dismissed a petition challenging the decision to hold the General Election on 14 November, confirming that the election will proceed as scheduled.

The decision was made by a three-judge bench comprising Justices Preethi Padman Surasena, Shiran Gunaratne, and Priyantha Fernando. The Court ordered the dismissal of the petition without a hearing after an extensive review of the submitted facts.

The petition was originally filed by H.M. Priyantha Herath, a civil society activist and convenor of the “Api Sri Lanka” national organisation, on 21 October. It sought an order declaring that the Election Commission’s decision to set the election for 14 November violated the Constitution. The respondents included the Attorney General, the Secretary to the President, and the Chairman and members of the Election Commission of Sri Lanka.

During proceedings, Additional Solicitor General Viraj Dayaratne, representing the Attorney General, argued that the election date had been properly set by the President in line with the Elections Act and that preparatory activities were almost complete. He emphasised that the process had adhered to legal requirements.

The petition had claimed that according to Section 10 of the Parliamentary Elections Act, nominations were accepted from 4 October to 11 October. It claimed that under the Act, polling should be held between five and seven weeks after the close of nominations. As the five-week period from the close of nominations would end on 15 November and the seven-week period would extend until 29 November, the petitioner argued that setting the election for 14 November violated this stipulation. The petitioner requested the Supreme Court to issue an order affirming that the decision undermined the Constitution and the sovereignty of the people. He also sought appropriate measures to correct the decision. However, following the submission of evidence and arguments, the Supreme Court ruled in favour of dismissing the petition, clearing the way for the election to be conducted on 14 November.