SC dismisses Tissa’s FR against Moneragala nominations
March 18, 2010 06:08 pm
The Supreme Court this afternoon (March 18) dismissed the Fundamental Rights petition filed by Tissa Kuttiarachchi against the failure of the United National Front (UNF) to include his name in the nomination list for Moneragala district.
The three member Bench headed by Acting Chief Justice Shiranee Bandaranayake and the other two members Justices Chandra Ekanayake and G.A. Ratnayake held that since Tissa Kuttiarachchi had failed to raise the objection during the time afforded for such objections on the day of nominations, the Supreme Court cannot take up the matter further.
The Bench also held that Court could neither include a fresh name into a list already submitted and accepted by the relevant authorities nor nullify a nomination list already submitted by a recognized political party and accepted by the said authorities.
However, counsel for UNP General Secretary Tissa Attanayake, Attorney-at-Law Ranel Perera accepted that Tissa Kuttiarachchi’s name in the UNF nomination list had been deleted and another name included by utilizing a forged signature.
U. Chaminda Janaka Tissa Kuttiarachchi whose name was deleted from the Moneragala district UNF candidates nomination list filed the FR petition on March 8 before the Supreme Court requesting that either his name be entered on the nomination list or to nullify the entire list if his name could not be accommodated.
The Petitioner cited 46 persons including the Elections Commissioner and the UNP General Secretary as respondents.
Petitioner Kuttiarachchi said his name had been entered in the original nomination list of UNF candidates for the Moneragala District and that when the nomination papers were handed over his name had been deleted using ‘Tipex’ and another name included.
UNP General Secretary Tissa Attanayake, later writing to the Elections Commissioner had stated that his signature had been forged to remove the petitioner’s name and include another nominee.
In his petition Tissa Kuttiarachchi stated he had set his signature after his name was entered in the nomination paper but when the papers were handed over to the authorities his name had been deleted and the signature of the Secretary General had been forged to do so.