Petitioner wants PC polls held after presidential election | Daily News

Petitioner wants PC polls held after presidential election

An intervenient Party yesterday petitioned the Supreme Court to hold the provincial councils election after holding the presidential election.

Filing an intervention petition in the Supreme Court regarding a reference application forwarded by President Maithripala Sirisena on Provincial Council elections, the intervenient petitioner Sirisena Dolawatta petitioned Supreme Court under Writ Application No.03/2019 who sought an order to hold Provincial Council Elections.

The intervenient petitioner submitted that provincial council elections need to be held under the law that was in force prior the enactment of the Provincial Council Election (Amendment) Act No.17 of 2017 in view of section 6(2) of the Interpretation Ordinance.

This petition had been filed by the members of ‘Truth Seekers’ organization through Attorney-at-law Premanath Dolawatta.

The Chief Justice had nominated a fuller Bench comprising five judges of Supreme Court to hear a reference application forwarded by President Maithripala Sirisena on Provincial Council elections. In his reference application, the President sought a determination from the Supreme Court whether the Provincial Council Elections can be held under the law that was in force prior to the enactment of the Provincial Councils Elections (Amendment) Act No. 17 of 2017.

A five-judge-bench comprising Chief Justice Jayantha Jayasuriya, Justice Buwaneka Aluwihare, Justice Sisira de Abrew, Justice Prasanna Jayawardena and Justice Vijith Malalgoda will hear this reference application on August 23.

Following the hearing, the Supreme Court’s determination over the reference application is to be communicated to the President before August 30.

President Maithripala Sirisena in terms of Article 129 (1) of the Constitution had referred to the Supreme Court the following questions for its consideration.

(a) In view of the Review Committee failing to submit its report to me in accordance with sub sections (13) and (14) of Section 3A of the Provincial Councils Elections Act No. 2 of 1988 as amended by Act No. 17 of 2017, whether, I, as President, can by proclamation forthwith publish the new number of electorates, the boundaries and names assigned to each electorate so created in terms of the report of the Delimitation Committee submitted to the Minster Assigned the subject of Provincial Councils?

(b)Whether, the Provincial Councils Elections can be held under the Provincial Councils Elections Act No. 2 of 1988 as amended by Act No. 17 of 2017, once the Proclamation referred in (a) above is published?

(c) Whether in the absence of such inability to hold such Provincial Council elections in terms of the present law, the said provincial council elections can be held under the law that was in force prior to the enactment of the Provincial Councils Elections (Amendment) Act No. 17 of 2017in view of section 6(2) of the Interpretation Ordinance?

 


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