Army Colonel’s petition against holding LG Election postponed for February 23

By Lakmal Sooriyagoda

A Writ petition filed by a retired Army Colonel seeking an order quashing the decision of the Election Commission to hold the Local Government elections was yesterday postponed for February 23 by the Supreme Court.

President’s Counsel Saliya Pieris appearing for the Election Commission raised preliminary objections challenging the maintainability of the petition on several grounds and thereby moved the court to dismiss the petition at the outset. He submitted to Court that the petitioner has failed to name necessary parties to the petition. Pieris further contended that the petitioner has no legal capacity (locus standi) to institute action, as he has not revealed the facts to effect that he is a registered voter for the upcoming Local Government Election.

President’s Counsel Faisz Musthapha appearing for the petitioner Colonel Wijesundera said he is only challenging the Election Commission’s decision to hold the Local Government Election and not the gazette notifications. Additional Solicitor General Nerin Pulle appearing for the Treasury Secretary told court that his client had filed two affidavits informing that sourcing funds for the election has become a challenge since the government has to give priority for the essential services. Owing to time constraints, Supreme Court three-judge-bench comprising Justices S. Thurairaja, A.H.M.D. Nawaz and Shiran Goonaratne decided to fix the petition for further hearing on February 23. In his petition, Colonel Wijesundera had sought an order quashing the decision of the Election Commission to hold the Local Government elections to be held before March 10 as reported by media.Several intervenient petitioners including executive committee member of the National People’s Power (NPP) Sunil Watagala and National organizer of the Socialist Youth Union Eranga Gunasekara had filed intervention petitions seeking an order to dismiss the petition filed by Colonel (Retd.) W.M.R. Wijesundera.

President’s Counsel Faisz Musthapha with Counsel Faisza Musthapha Markar, Eraj de Silva and Sujeewan Hendavitharana appeared for the petitioner.