CPA files FR case against former Army Commander’s appointment to Parliament

 A Fundamental Rights petition has been filed in the country’s apex court challenging the appointment of former Army commander and leader of Democratic Party, Field Marshal Sarath Fonseka as a Member of Parliament.

The Centre for Policy Alternatives (CPA) and its Executive Director filed a Fundamental Rights application challenging the appointment of Field Marshal Sarath Fonseka to fill the vacancy created by the death of M. K. A. D. S. Gunawardena, as a Member of Parliament elected in terms of Article 99A of the Constitution (the National List).

CPA says its position is that in terms of Article 99A of the Constitution, only a person whose name was included in the district nomination papers or national list submitted by the relevant political party, is entitled to be nominated to fill such a vacancy.

In its petition, the CPA argues that the appointment violates Statute 99 (a) of the Constitution since Fonseka was not named in the UNP national list or a UNP district candidate list in the 2015 August General Election.

The petitioner requests the Supreme Court to issue an order against the appointment of Fonseka. Furthermore, the petitioner requests an interim order restricting Fonseka’s functioning as a MP until the determination of the petition.

Among the respondents named in the petition are UNP General Secretary Kabir Hashim, Sarath Fonseka, Speaker Karu Jayasuriya, General Secretary of Parliament Dhammika Dassanayake, Chairman of the Elections Commission Mahinda Deshapriya and the Attorney General.