Writ challenges Fonseka as MP; SC re-fixes support on 7 Sep.

The Supreme Court yesterday (12) re-fixed for support on 7 September as final date the petition filed by retired Army Officer and former Southern Provincial Councillor Ajith Prasanna challenging the appointment of Field Marshal Sarath Fonseka as a Member of Parliament.

The Bench comprised Justices B.P. Aluvihara, Nalin Perera and Vijith K. Malalgoda.

The petitioner had sought an order in the nature of a Writ of Quo Warranto declaring that the Democratic Party Leader Field Marshal Sarath Fonseka is disqualified and not entitled to be elected as a Member of Parliament of the United National Party and thus not entitled to hold office as a Member of Parliament.

Quo Warranto (“by what warrant?”) is a prerogative writ  the person to whom it is directed to show what authority he has for exercising some right or power he claims to hold.

The petitioner has cited MP Sarath Fonseka, UNP General Secretary Kabir Hashim, Elections Commission Chairman Mahinda Deshapriya and three others as respondents.

Thisya Weragoda appeared for the Petitioner. S. Srikantha appeared for Sarath Fonseka. Deputy Solicitor General Neril Pulle appeared for the Attorney General.

The petitioner states it is a mutation of the franchise of the people of Sri Lanka to permit Field Marshal Sarath Fonseka be declared elected as a member of the National List of the UNP wherein he was not a candidate (in the District Lists or National List) of the UNP at the time of the Parliamentary Elections 2015.

The petitioner further states the nomination of Field Marshal Sarath Fonseka who was not a candidate of the UNP at the time of the Parliamentary Elections 2015, is abhorrent and repugnant to every known principle of democracy, franchise and the founding principles of franchise and proportional representation and the applicable provisions of the Constitution and the Parliamentary Elections Act.

The petitioner alleges Field Marshal Sarath Fonseka has now usurped and unlawfully exercised powers of a Member of Parliament, despite not being qualified to hold such position and the Petitioner is entitled to seek a mandate in the nature of a Writ of Quo Warranto requiring Field Marshal Sarath Fonseka to demonstrate as to under what authority he claims to hold office as a Member of Parliament. (SS)