The Supreme Court yesterday directed all parties to file written submissions in connection with the Special Determination petitions filed challenging the constitutionality of the Local Authorities Elections (Amendment) Bill.
When the two petitions were taken up for argument, the Supreme Court three-judge bench comprising Chief Justice K. Sripavan, Justice Sisira de Abrew and Justice Anil Goonaratne directed the petitioners and the Attorney General to file written submissions in Court on January 29. The Supreme Court’s determination over the issue is to be communicated to the Speaker.
One petition had been filed by Attorney-at-Law Nuwan Ballantudawa and he sought a declaration that bill shall become law only through a two-third majority in Parliament and the approval of the people at a referendum.
The petitioner said the Bill of “Local Authorities Elections (Amendment)” presented to the Parliament and placed on Order Paper of the Parliament on January 12, 2016. The Petitioner states the clauses 2, 3, 4,5,6,7 of the Bill are in violation of and are inconsistent with Articles 3, 4, 10, 12(1), 12(2), 14 and other Articles of the Constitution.
The petitioner further stated that clauses 2, 3, 4, 5 and 6 of the said bill are infringing the franchise of the Youth and their rights to contest at the Local Authorities Elections as recognized and secured by section 28 (2)(B) of the present Act.
The petitioner said the bill paves way and vests with the secretaries of the contesting Political parties, absolute and unfettered right to act arbitrarily in nominating and qualifying members to the vacancies of the respective local authorities, by disregarding the order of priority previously specified and declared in the lists of candidates in the respective nomination papers. The petitioner maintained that, this clause undermines and infringes the sovereignty right of the people relating to franchise and freedom of thought and expression.
President’s Counsel Manohara de Silva with Kanishka Witharana appeared for the petitioners. Deputy Solicitor General Nerin Pulle with Dr. Awanthi Perera appeared for the Attorney General.
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