FR petition filed to halt Presidential Election

BY Lakmal Sooriyagoda  

A businessman has filed a fundamental rights petition in the Supreme Court restraining the Election Commission from taking any further steps in conducting a Presidential Election in 2024 until the Court makes a determination regarding the petition.   

Chamindra Dayan Lenawa, a resident of Panadura filed a petition stating he is currently working abroad as the President and co-shareholder of a company for digital trade ecosystems formed as a joint venture with a large international bank.   

• The petitioner stated that a President elected by the Parliament shall not prematurely end the term of office of a President elected by people

The petitioner in person filed this petition naming the Commissioner General of Elections, Chairman and members of the Election Commission and the Attorney General as the respondents.  

The petitioner stated that the incumbent president of Sri Lanka has been elected by the Parliament for the unexpired period of term of the preceding President who vacated the office before the term expired.  

The petition further stated that according to the constitution, once a President is elected, the term of office cannot be reduced by Parliament or by a President elected by the Parliament and this executive power is only held by a President elected by the Parliament and this executive power is only held by a President elected by the people when exercised pursuant to Article 31 (3A) (a).  

The petitioner stated that a President elected by the Parliament shall not prematurely end the term of office of a President elected by people.  

The petition stated that an early termination of the validity period of a result of power of franchise of people is inconsistent with article 3 read together with articles 4(b) and 4(e) unless exercised pursuant to express provisions of the constitution which are specifically for the early termination of the validity period of a result of power of franchise of people.  

The petition state that if article 30(2) should not be interpreted to be amended from the inception by section 3 of the 19th Amendment Act, then the Election Commission shall not hold a Presidential Election in the year 2024 which otherwise amount to be enforcement of an illegal presidential election on the people and a misappropriation of public funds.