LG polls: Court gives EC the green light

Saturday, 11 February 2023 01:29 - - {{hitsCtrl.values.hits}}

Says no bar for EC to hold elections as scheduled
With pledge made by EC, Supreme Court says writ of mandamus ordering independent body to make preparations for election is unnecessary
Petition requesting for order preventing LG polls postponed to 23 Feb.

Ending weeks of speculation, the Supreme Court yesterday gave the upcoming Local Government elections the all-clear by saying there are no obstacles for the Election Commission of Sri Lanka to hold the poll as scheduled.

Taking up two petitions requesting the courts to issue a writ of mandamus to the EC directing it to take necessary steps to hold the election, Supreme Court Justice S. Thurairaja said the court need not issue such an order as the EC has already given a special undertaking before the courts that the election will be conducted in accordance with the election laws as scheduled.

On the previous court date, Saliya Peiris PC appearing on behalf of the EC said before the court that the vote will be held as planned.

One petition was submitted by the Samagi Jana Balawegaya General Secretary Ranjith Madduma Bandara and Professor G.L. Peiris, while the other petition was submitted by the Sri Lanka Freedom Party General Secretary Dayasiri Jayasekara, Lakshman Kiriella, M.A. Sumanthiran and Anura Priyadarshana Yapa.

Election Commission Chairman Nimal Punchihewa and its members along with Prime Minister Dinesh Gunawardena were named as respondents in the petitions.

Meanwhile the Supreme Court yesterday postponed the consideration of a writ petition filed by a member of the public against the holding of Local Government elections to 23 February. President’s Counsel Saliya Pieris appearing for the Election Commission raised preliminary objections against the maintainability of the petition on three grounds.

The petition was filed by a retired Army Colonel W.M.R. Wijesundera in January on the basis that he was informed by the Election Commission of Sri Lanka (EC) that the election can only be funded through Government revenue or by obtaining a loan for the purpose.

The petitioner questioned the benefit to the public and the country by holding a vote at this juncture. The Election Commission, including its Chairman Nimal G. Punchihewa, the Prime Minister, Ministry of Finance Secretary and the Attorney General have been named as the respondents.

The petitioner in his petition has demanded that a writ order be issued to the respondents preventing the holding of a Local Government Election and to impose time-appropriate interim injunctions until the conclusion of the trial.

Court decision a people’s victory: Ranjith Madduma Bandara