CJ-led court to hear FR petition filed over presidential election

A three-judge bench has been appointed to hear the fundamental rights (FR) petition filed seeking an order restraining the holding of the presidential election as the 19th Amendment to the Constitution was not properly passed by Parliament.

Accordingly, the petition filed by advocate Aruna Laksiri is expected to be heard by a bench comprising Chief Justice Jayantha Jayasuriya, Justices Arjuna Obeysekara and Priyantha Fernando.

The relevant petition was set for consideration before the aforementioned panel of judges on Monday (15), Ada Derana’s reporter said.

The petition argues that the 19th Amendment to the Constitution was not properly adopted by Parliament and therefore calls for a referendum to ensure its proper adoption.

The Electoral Commission and its members, the Secretary General of Parliament and the Attorney General were named as respondents.

The petitioner claims that by the 19th Amendment to the Constitution, Article 70 of the Constitution was amended to deprive the President of the power to dissolve an elected Parliament after one year.

The applicant claims that the amendment was not approved by referendum, even though a Supreme Court tribunal ruled that the amendment should be subject to a referendum.

The petitioner points out that the amendment cannot be considered a law because it was not approved by referendum and signed by the President.

Therefore, the petitioner submits that it is wrong to continue to accept the 19th Amendment as law.

On Monday (08), the Supreme Court dismissed a fundamental rights (FR) petition seeking an order preventing the calling of a presidential election until the Supreme Court issues its interpretation on the date of the presidential poll.

The petition, filed by an entrepreneur named CD Lenawa last Wednesday (03), sought an interim injunction to prevent the holding of the presidential election within the current time frame until the court renders its interpretation on the date of the next presidential election.