Fonseka seeks to sit and vote in P'ment: CA lists petition to be mentioned on May 2

By S.S Selvanayagam

The Court of Appeal yesterday again re-listed to be mentioned on 2 May at 10a.m. the Writ application filed by former Army Commander Sarath Fonseka seeking to sit and vote in Parliament.

The matter was taken up before Justices R.L Ranjith Silva and Nalin Perera.

Petitioner Fonseka is seeking the Court for an order directing the Respondents to take all necessary steps according to law to enable him to sit and vote in Parliament and to exercise his powers, privileges and immunities as a Member of Parliament.

Secretary General of Parliament Dhammika Kithulegoda, Deputy Secretary General of Parliament Dhammika Dassanayake, Elections Commissioner Dayananda Dissanayake, Returning Officer J. Sylvester, Commissioner General of Prisons Maj. Gen. V.R de Silva, Army Commander Lt. Gen. Jagath Jayasuriya, Lakshman Nipunarachchi and the Attorney General were cited as Respondents.

Romesh de Silva PC with Saliya Peiris, Sugath Caldera, Riad Ameen, Shanaka Cooray and Eraj de Silva instructed by Paul Ratnayake Associates appeared for Fonseka. Deputy Solicitor General Farzana Jameel with Senior State Counsel Arjuna Obeysekera appeared for the Attorney General.

Petitioner Fonseka is asking the Court to Make interim orders suspending and/or staying the operation of the communications/letters until the final determination of this application: namely (a) sent by the second Respondent informing the third Respondent that in terms of Section 64(1) of the Parliamentary Elections Act that the Petitioner’s seat as a Member of Parliament has fallen vacant; (b) sent by the 3rd Respondent directing the fourth Respondent to fill the vacancy in terms of Article 99 (13) (b) of the Constitution; and (c) sent by the fourth Respondent to the third Respondent containing the name of the seventh Respondent in order to publish his name in the Gazette as the Member of Parliament declared elected for the Colombo District in respect of the purported vacancy.

He is also seeking the Court to stay the operation of the Gazette Notification declaring the seventh Respondent as being duly elected as a Member of Parliament from the Colombo District until the final determination of this application.

He is asking the Court to grant and issue mandates in the nature of Writs of Certiorari quashing (i) The decision of the second Respondent (acting for and on behalf of the first Respondent) informing the third Respondent that in terms of Section 64(1) of the Parliamentary Elections Act that the Petitioner’s seat as a Member of Parliament has fallen vacant; (ii) the direction made by the 3rd Respondent to the fourth Respondent to fill the vacancy in terms of Article 99 (13) (b) of the Constitution; (iii) the decision by the 4th Respondent to send a return to the 3rd Respondent containing the name of the 7th Respondent in order to publish his name in the Gazette as the Member of Parliament for the Colombo District for the purported vacancy; and (vi) the Gazette Notification  causing the name of the seventh Respondent to be published as being declared elected to Parliament

He is also asking the Court to grant and issue a mandate in the nature of a Writ of Mandamus directing the first and fifth Respondents to take all necessary steps according to law to enable the Petitioner to sit and vote in Parliament and to exercise his powers, privileges and immunities as a Member of Parliament.