SC fixes 28 July for hearing petition seeking LG polls

By S.S. Selvanayagam

The Supreme Court yesterday fixed for hearing on 28 July the fundamental rights petition seeking to hold the local government elections in the Districts of Galle and Matara.

The Bench comprised Justices Eva Wanasundera, Priyantha Jayawardane and K.T. Chitrasiri.

The Bench comprising Chief Justice K. Sripavan and Justice B.P. Aluvihare on 29 April 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’s 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, Attorney General and others as Respondents.

They state that prior to their terms of office expiring on 01.04.2015, the Minister extended the terms of office of three Municipal Councils, 30 Urban Councils and 201 Pradeshiya Sabhas.

They also state that 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 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 a violation of their fundamental rights to equality and is a gross violation of the sovereignty vested in the people which includes the franchise.

Manohar 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.