Supreme Court rejects petition to postpone 2024 Presidential Election

 


The Supreme Court of Sri Lanka has rejected the FR petition that was filed to stop the Presidential Election because the 19th Amendment to the Constitution was not correctly passed in Parliament, with costs imposed.

The decision was made on the 15th of July, by a panel of Supreme Court judges including Chief Justice Jayantha Jayasuriya and Justices Arjuna Obeysekara and Priyantha Fernando, after reviewing the petition submitted by Attorney-at-Law Aruna Laksiri.

Therefore, the court directed the petition to be dismissed with a requirement for the petitioner to pay Rs 500,000 in costs by July 31, 2024.

The petition claimed that the 19th Amendment to the Constitution did not undergo proper parliamentary procedures and thus demanded a referendum to guarantee its correct approval.

The petitioner mentioned the Election Commission and its members, the General Secretary of Parliament, and the Attorney General as respondents in this petition.

The petitioner alleged that the 19th Amendment altered Article 70 of the Constitution to prevent the President from dissolving an elected Parliament one year after its formation.

The petitioner claimed that the amendment was not ratified through a referendum, despite a Supreme Court panel’s ruling that the amendment should be put to a referendum. The petitioner argued that the amendment lacks legal status since it has not been ratified by a referendum and signed by the President. Hence, the petitioner contended that it is incorrect to still consider the 19th Amendment as a legal statute.

 
But at the same time, Attorney Sunil Watagala commented on the verdict at the Supreme Court and said to the media; “We remind this government to stop these jokes, at least now. It was also emphasized that the presidential election, as guaranteed by the constitution can not be prevented through these types of chap acting.”

“The petitioner has tried to mislead the Supreme Court as well as the public in the country but the Supreme Court gave its clear answer today.  Ever since the Supreme Court brought the 19th Constitution, clarifications have been made regarding the holding of this presidential election from time to time. Now it is clear that the election is not in 06 years but in 05 years. The Supreme Court emphasized that the presidential election cannot be postponed through any baseless petitions further. Also, it was emphasized that the court has no jurisdiction to find out about the 19th constitutional amendment that was passed.”  

Additionally, he stated, “We appreciate the honorable court’s resolution of this perplexing issue.” The power to determine the election date will soon be given to the Election Commission. The government’s nefarious attempts to deceive the public through different petitioners are now proving unsuccessful.

“We ask the government to read this verdict even now,” he said.
 
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