Army Colonel’s writ petition against holding LG election:

By Lakmal Sooriyagoda   

The Supreme Court yesterday granted leave to proceed with the writ petition filed by a retired Army Colonel challenging the decision of the Election Commission to hold the Local Government election.  Meanwhile, the Supreme Court three-judge-bench comprising Justices S. Thurairaja, A.H.M.D. Nawaz and Shiran Goonaratne decided to refuse preliminary objections raised by the Election Commission challenging the maintainability of the petition.  

President’s Counsel Faisz Mustapha appearing for the petitioner Colonel Wijesundera said the Election Commission’s decision to hold the Local Government Election was contrary to the law as it ignored the delimitation process and electoral reforms.   

President’s Counsel Saliya Pieris appearing for the Election Commission raised preliminary objections on several grounds and 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. 

He 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.   

The Supreme Court fixed the petition for argument on February 14 next year.