Interim Order against delimitation gazette vacated | Daily News

Interim Order against delimitation gazette vacated

The Court of Appeal yesterday ordered to vacate its Interim Order which was issued suspending the operation of the Gazette Notification dated February 17,2017 on the Delimitation Committee Report.

The Court of Appeal three-judge-Bench comprising Justice L.T.B. Dehideniya, Justice Kumuduni Wickremasinghe and Justice Shiran Gunaratne further decided to terminate proceedings pertaining to the writ petition following the petitioners’ decision to withdraw the matter.

The Court made this order consequent to a writ petition filed by six electors who challenged the legality of the Gazette Notification issued by Minister of Provincial Councils and Local Government on the Delimitation Committee Report with regard to the boundaries in respect of Local Authorities. Filing the motion in Court, Senior Counsel N.M. Shaheed, appearing for the petitioners, informed that his clients have decided to withdraw the petition following an undertaking given by the Minister of Local Government that he will look into the petitioners’ grievances. He moved Court that he be permitted to withdraw the petition. Attorney General Jayantha Jayasuriya,with, Senior Deputy Solicitor General Arjuna Obeysekara did not object to the request.

On November 22, the Court of Appealissued an interim Order suspending the operation of the concerned Gazette Notification, unti December 4.

Several political parties ,including the United National Party (UNP), Janatha Vimukthi Peramuna (JVP) and Sri Lanka Podujana Peramuna (SLPP), Sri Lanka Freedom Party (SLFP) and also the PAFFREL organization have sought the Court’s permission to intervene in the matter as intervenient petitioners.

Six electors representing several Local Government institutions filed a writ petition,in the Court of Appeal challenging the legality of a Gazette Notification bearing No.2006/44 dated February 17, 2017 ammending the boundaries, number of members, and ,the constituents in respect of Local Authorities.

On an earlier occasion, Deputy Solicitor General Arjuna Obeysekara, appearing on behalf of Minister of Provincial Councils and Local Government Faiszer Musthapha, raised preliminary objections against the writ petition urging the Court to dismiss it in limine.

He had further argued that the subject matter of this petition cannot be heard in the Court of Appeal, owing to lack of jurisdiction ,and, stated that the matter should be referred to the Supreme Court, acting in terms of Article 125 of the Constitution.

DSG Obeysekara further said the petitioners have challenged the franchise rights of the people delaying to hold the local government election.

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


 

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