No early date for delimitation petition | Daily News

No early date for delimitation petition

The Court of Appeal has not listed the writ petition pertaining to the delimitation gazette due to be taken up today (30). The Attorney General had in a motion requested to advance the hearing of the writ petition to November 30 (today).

The Court of Appeal Registrar confirmed that the writ petition which challenged the legality of Gazette Notification on the Delimitation committee Report will not be called early and it will be taken up on December 4, as earlier listed.

The Attorney General filed a motion in the Court of Appeal last Monday (27) moving that the concerned writ petition be dismissed and to refuse the extension of the Interim Order on the next hearing date.

The Attorney General in the motion also requested to advance the hearing of the writ petition which challenged the legality of the Gazette Notification on the Delimitation Committee Report, to November 30.

On November 22, the Court of Appeal had issued an Interim Order suspending the operation of the Gazette Notification dated February 17, 2017 on the Delimitation Committee Report, until December 4.

The Court of Appeal’s three - judge - Bench comprising Justice L.T.B. Dehideniya, Justice Kumuduni Wickremesinghe and Justice Shiran Gunaratne had observed that in promulgating the Gazette notification, the Local Government Minister has acted ultra vires the powers vested in him under section 3D of the Local Authorities Elections Ordinance.

The Court further held that if any electoral process commenced in terms of the concerned gazette notification, irreparable damage would be caused to the people’s franchise rights. Six electors representing several Local Government institutions have filed a writ petition in the Court of Appeal challenging the legality of a Gazette Notification bearing No.2006/44 dated February 17, 2017 amending the boundaries, number of members and the constituents in respect of Local Authorities.

This petition had been filed by six electors representing the Colombo Municipal Council, Kandy Municipal Council, Panduwasnuwara Pradeshiya Sabha, Hali-Ela Pradeshiya Sabha and the Embilipitiya Pradeshiya Sabha.

The petitioners cited Provincial Councils and Local Government Minister Faiszer Musthapha, Provincial Councils and Local Government Ministry Secretary, as respondents.


 

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