A writ petition filed challenging the appointment of Field Marshal Sarath Fonseka as a Member of Parliament was yesterday dismissed by the Supreme Court.
Supreme Court three-judge-bench comprising Justice Sisira de Abrew, Justice Nalin Perera and Justice Prasanna Jayawardena refused to issue notices on the respondents citing there is no sufficient materials before court in order to support the allegation. The Supreme Court held that court cannot rely on newspaper articles to indicate that Sarath Fonseka was not a member of UNP at the time of nominations were handed over.
This petition had been filed by retired Major and former Southern Provincial Councillor Ajith Prasanna.
The petitioner had sought an order in the nature of a Writ of Quo Warranto declaring that the Democratic Party leader Field Marshal Sarath Fonseka is disqualified and not entitled to be elected as a Member of Parliament of the United National Party and thus not entitled to hold office as a Member of Parliament.
The petitioner had cited MP Sarath Fonseka, UNP General Secretary Kabir Hashim, Election Commission Chairman Mahinda Deshapriya and three others as respondents.
The Petitioner stated that it is a mutation of the franchise of the people of Sri Lanka to permit Field Marshal Sarath Fonseka be declared elected as a member of the National List of the UNP wherein he was not a Candidate (in the District Lists or National List) of the UNP at the time of the Parliamentary Elections 2015.
The petitioner further stated that the nomination of Field Marshal Sarath Fonseka who was not a Candidate of the UNP at the time of Parliamentary Elections 2015 is abhorrent and repugnant to every known principle of Democracy, Franchise and the founding principles of franchise and proportional representation, and the applicable provisions of the Constitution and the Parliamentary Elections Act.
The petitioner specifically states that Field Marshal Sarath Fonseka has now usurped and unlawfully exercised powers of a Member of Parliament, despite not being qualified to hold such position and the Petitioner is entitled to seek a mandate in the nature of a Writ of Quo Warranto requiring Field Marshal Sarath Fonseka to demonstrate as to under what authority he claims to hold office as a Member of Parliament.
The petitioner states that the Petitioner is entitled to a declaration from Court declaring that Field Marshal Sarath Fonseka is not entitled to hold office as a Member of Parliament.
Counsel Thishya Weragoda with Iresh Seneviratne appeared for the petitioner. Deputy Solicitor General Nerin Pulle appeared for the Attorney General.
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