SC dismisses petition contesting delimitation

By S.S.Selvanayagam

The Supreme Court yesterday (29 January) dismissed the fundamental rights petition contesting the delimitation of Pradeshiya Sabhas including Ambagamuwa.

 The Bench comprised Justices Sisira J. De Abrew, Priyantha Jayawardane and K.T. Chitrasiri.

 The Fundamental Rights petition sought an interim order restraining the Elections Commission from taking steps to hold elections for the election of members to three Pradeshiya Sabhas, including the Ambagamuwa Pradeshiya Sabha.

The petitioner H.D.D. Nandaraja, a former member of the Ambagamuwa Pradeshiya Sabha, also sought an interim order suspending the operation of the gazette notification issued by the Minister of Provincial Councils and Local Governments, dated 2.11.2017 in respect of these Pradeshiya Sabhas until the final determination of this application.

The petitioner stated that the local government minister in declaring the dissolution of the Ambagamuwa Pradeshiya Sabha and constituting the aforesaid three Pradeshiya Sabhas has –inter alia:

(1) Effected the sub-division of local government areas of the former Ambagamuwa Pradeshiya Sabha solely on an ethnic basis;

(2) Failed to consider the historical importance, significance and sacred value of the Sri Pada for Buddhists, which was located within the local limits of the existing Ambagamuwa Pradeshiya Sabha;

(3) Failed to consider the identity and the rights of the historical inhabitants residing within the local limits of the existing Ambagamuwa Pradeshiya Sabha;

(4) Failed to assure due protection and fostering of Buddha Sasana (guaranteed by Article 9 of the Constitution) by placing Sri Pada, a most sacred place of worship of Buddhists and the sanctuary forming part and parcel thereof, in immense danger of mismanagement and ill-treatment by non-Buddhists;

(5) Failed to consider the historical and social reasons and requirements for the demarcation of the existing boundaries of the Ambagamuwa Pradeshiya Sabha and the need to correspond to the limits of the Assistant Government Agent’s Division (Divisional Secretary);

(6) Failed to consider the equal rights for effective participation of the people in local government and development of the people living in the existing Ambagamuwa Pradeshiya Sabha limits and the right for equal distribution of the revenue, wealth and natural resources therein;

(7) Acted ultra-vires, arbitrary, capricious and violate the principle of Natural Justice and Rule of Law.

The petitioner said though there had been no date fixed by the Election Commission to call for nominations with regard to the elections of the Ambagamuwa Pradeshiya Sabha, he had made public announcements that such nominations would be called for local government bodies of the entire country together.

Senior Counsel Kanishka Vitharana with Counsel H.M. Thilakaratne, under the instructions of Nuwan Bellanthudawa, appeared for the petitioner.

Deputy Solicitor General Viraj Dayaratne appeared for the Attorney General.