Patali & Welgama file petition against holding General Election on June 20
May 9, 2020 07:18 pm
Another petition has been filed with the Supreme Court, challenging the Gazette notification issued by the Election Commission declaring the General Election on June 20 as well as the Gazette notification on the dissolution of Parliament.
The petition was lodged by the leader of Jathika Hela Urumaya (JHU) Patali Champika Ranawaka and former Parliamentarian Kumara Welgama.
The Attorney General in lieu of the President, Election Commission’s Chairman Mahinda Deshapriya and its members President’s Counsel N.J. Abeysekara and Prof.S. Rathnajeevan H.Hoole and the Attorney General have been cited as the respondents.
Mandatory provisions have been provided by the Constitution to fix a date for the parliamentary election and convene the new Parliament not later than 3 months from the dissolution of Parliament, the petitioners said.
Accordingly, the President had published a Gazette notification on March 02, dissolving then-Parliament and the General Election was subsequently declared to be held on April 25, the petitioner stated.
However, the Election Commission later decided to postpone the poll to June 20 due to the local outbreak of COVID-19 virus, they have further stated in their petition.
However, the Election Commission setting June 20 as the new date for the poll is against the provisions of the Constitution, they have argued.
In addition, the failure to convene the new Parliament within 3 months of the dissolution of the previous Parliament, makes the Gazette issued by the President invalid, they have pointed out.
They have stressed that a free and fair election cannot be held as the threat of COVID-19 virus is yet to be eliminated, adding that it is a violation of people’s right to vote freely.
They have sought the Supreme Court to deliver a verdict stating that holding an election before the COVID-19 outbreak is mitigated completely is a violation of fundamental rights.
The petitioners have further requested the court to issue an interim order declaring the temporary invalidation of the two gazette notifications on the dissolution of Parliament and holding the General Election on June 20.
