Former CJ’s petition against PC Elections (Amendment) Act rejected

The fundamental rights petition filed against the Provincial Councils Elections (Amendment) Act by former Chief Justice Sarath N. Silva has been rejected by a majority of the three-member judge bench of the Supreme Court.

The former CJ had filed the petition with the Supreme Court, requesting the court to determine that the bill was unlawfully passed in Parliament. 

The FR petition was taken up for consideration today (14) before a three-member judge bench comprising Chief Justice Priyasad Dep, Supreme Court Judges Buwaneka Aluwihare and Nalin Perera.

Announcing the decision in open court, Chief Justice Priyasad Dep said that the petition will be rejected without being taken up for hearing based on the decision of the majority of the judge bench. 

The Provincial Council Elections (Amendment) Act was passed in Parliament with a two-thirds majority on September 20, 2017 with 154 voting in favour and 43 against.

In his petition, the former Chief Justice had stated that the passage of the Provincial Councils Elections (Amendment) Act with a two-thirds majority in Parliament without going for a referendum, was contrary to the constitution. 

However, various sections including the Attorney General raised preliminary objections arguing that the act cannot be questioned before the court as it has already been passed in Parliament.