The Supreme Court yesterday refused to grant leave to proceed with seven Fundamental Rights petitions filed by Sri Lanka Podujana Peramuna Chairman Prof. G.L. Peiris and six others challenging the decision of the Election Commission to indefinitely postpone conducting elections at Provincial Councils which already stand dissolved.
However, a majority of a divided three-judge-Supreme Court bench refused to grant leave to proceed with the petitions citing that there is no legal basis to proceed with the petitions.
The Supreme Court bench comprised of Chief Justice Priyasad Dep, Justice Sisira de Abrew and Justice Nalin Perera.
In his petition, Prof. G.L. Peiris was seeking an order to take steps to conduct elections for the Sabaragamuwa, North Central and Eastern Provincial Councils.
Professor G.L. Pieris, in his petition, challenges the decision of the Election Commission to indefinitely postpone conducting elections.
He cited Election Commission Chairman Mahinda Deshapriya, its members, Speaker Karu Jayasuriya and the Attorney General as respondents.
He stated that indefinitely postponing taking steps in accordance with the Constitution and the law to conduct elections in several Provincial Councils which already stand dissolved by operation of Article 154E of the Constitution, constitutes an infringement of the Fundamental Rights of the petitioner and of the people, guaranteed by Articles 10, 12 (1) and 14(1) (a) of the Constitution.
He stated that the constituted Sabaragamuwa Provincial Council, duly elected by the people in 2012, stood dissolved on 27-09-2017 and the North Central as well as Eastern Provincial Councils too stood dissolved on 01-10-2017.
Sanjeewa Jayawardena PC, Ali Sabry PC, Gamini Marapana PC with Navin Marapana appeared for the petitioners.
Additional Solicitor General Indika Demuni de Silva with Senior State Counsel Dr. Avanti Perera appeared for the Attorney General.
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