Rights petition seeks LG polls: SC fixes 2 Nov. for hearing

Saturday, 8 October 2016 00:07 - - {{hitsCtrl.values.hits}}

By S.S.Selvanayagam

The Supreme Court yesterday fixed for hearing on 2 November the Fundamental Rights petition seeking to hold the Local Government elections in the Districts of Galle and Matara.

The Bench comprised Justices PriyasathDep, Anil Gooneratne and Nalin Perera.

The Bench comprising Chief Justice K.Sripavan and Justice B.P.Aluvihare on April 29 granted leave to proceed with the petition which seeks an order from the Court to direct the Elections Commission to take all necessary steps to hold these elections.

Petitioners are Chairmen and Deputy Chairmen of United People Freedom Alliance for Weligama Urban Council and Dikwella, Thawalama, Neluwa, Weligama, Thihagoda, Kirinda, Kotapola, Mulatiyana, Pasgoda, Devinuwara, Kamburupitiya, Athuraliya, Malimbada, Akuressa, Hakmana, Matara and Pitabeddara Pradeshiya Sabhas.

They cited the Elections Commission, its Chairman Mahinda Deshapriya, its members, Local Government and Provincial Councils Minister Faiszer Musthapha, the Attorney General and others as Respondents.

They state that prior to their terms of office expiring on 1 April 2015, the Minister extended the terms of office of three Municipal Councils, 30 Urban Councils and 201 Pradeshiya Sabhas.

They also statethat no further extensions were made in respect of the said local authorities and the terms of office have expired from 15 May 2015.

They contend there is no provision in law for the Secretaries to have, exercise, perform and discharge rights, privileges, powers, duties and functions of the Council and/or Sabha and/or the Chairman and/or Pradeshiya Sabha has expired according to law and maintain that the Elections Commission is duty bound to hold the election before the expiry of the said term.

They lament the said Secretaries being public servants are not as receptive as the people’s representatives.

They state that the Elections Commission’s failure to take all necessary steps to hold elections for local authorities as required by law is violative of their fundamental rights to equality is gross violation of the sovereignty vested in the people which include the franchise.

Manohara de Silva PC with Udaya Gammanpila appeared for the Petitioners. Additional solicitor General Sanjay Rajaratnam with Deputy Solicitor General Demuni de Silva appeared for the Elections Commissioner and the Attorney General.

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