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Colombo, July 05 (Daily Mirror) - Filing an intervention petition against the Fundamental Rights petition, which sought an order restraining the Election Commission from holding the Presidential election in 2024, National People’s Power Parliamentarian Vijitha Herath has moved the Supreme Court to dismiss the petition at the outset, citing that it was misconceived in law.
Businessman Chamindra Dayan Lenawa, a resident of Panadura filed a Fundamental Rights petition seeking an order preventing the Election Commission from holding the Presidential election until the Supreme Court makes a determination regarding the tenure of the incumbent President.
The intervenient petitioner Vijitha Herath stated that he was aware to understand that the original petitioner, the businessman had filed this fundamental rights application seeking to declare that Article 30(2) should not be interpreted to be amended from the beginning by Section 3 of the 19th Amendment to the Constitution and accordingly, the Election Commission shall hold the next Presidential election taking into account that the term of the office of President is 6 years.
Vijitha Herath stated that Article 30(2) of the Constitution was amended by Section 3 of the 19th Amendment to the Constitution and the term of the office of the President was reduced to five years from six years.
Herath further stated that it has already stipulated that by Section 3 of the 19th Amendment to the Constitution that the legitimate term of the office of the President is five years and further abiding to the said provision the Presidential Eelection needs to be held in 2024.
He further maintained that the terms of the office of the current President is to expire in November 2024. Therefore, according to law, it is mandatory to hold the Presidential election in 2024.
He further seeks the permission of the Supreme Court to intervene and to be added as a party in this application in order to resist the reliefs sought by the petitioner (businessman).
This petition has been filed through Attorney-at-Law Manjula Balasuriya.