Failure to hold LG Polls: SC determines President and Election Commission violated fundamental rights

By Lakmal Sooriyagoda

In another landmark judgement, the Supreme Court held that the actions and omissions of President Ranil Wickremesinghe as the Minister of Finance, along with the Election Commission and the Attorney General, violated the fundamental rights guaranteed under the constitution due to their arbitrary and unlawful conduct, which led to the non-holding of the 2023 Local Government Elections.  

The Supreme Court held that President who is also the Minister of Finance, former Chairman and members of the Election Commission and the Attorney General had violated the Fundamental Rights guaranteed under Articles 12(1)- (right of equality) and 14(1)(a)- (freedom of expression) of the Constitution.    

Meanwhile, the Supreme Court directed the Election Commission to schedule the Local Government Elections at the earliest with due regard to their duty to hold other elections as required by law.  

A five-judge bench of the Supreme Court, comprising Chief Justice Jayantha Jayasuriya, Justices Vijith Malalgoda, Murdu Fernando, Gamini Amarasekara, and Yasantha Kodagoda, delivered this judgement concerning four Fundamental Rights petitions seeking an order directing the authorities to hold free and fair Local Government Elections.  

These petitions had been filed by Samagi Jana Balawegaya (SJB) General Secretary Ranjith Madduma Bandara, National People’s Power (NPP) Parliamentarian Harini Amarasuriya, Centre for Policy Alternatives and People’s Action for Free and Fair Elections (PAFFREL).   

The petitioners filed these petitions naming Treasury Secretary Mahinda Siriwardena, Attorney General, Election Commission and several others as respondents.  

President’s Counsel Upul Jayasuriya appeared for SJB General Secretary Ranjith Madduma Bandara. Nigel Hatch PC appeared for Harini Amarasuriya. Viran Corea PC appeared for Centre for Policy Alternatives. Senior Counsel Asthika Devendra appeared for PAFFREL. Saliya Pieris PC with Anjana Rathnasiri appeared for the Election Commission. Additional Solicitor General Nerin Pulle appeared for the Attorney General.  

The petitioners stated that the budget circular issued by the Treasury Secretary based on a Cabinet decision is unconstitutional and contrary to the laws.   
The petitioners sought a declaration that their Fundamental Rights guaranteed to them under article 12(1) and 14(1) (a) of the constitution have been infringed by 
the respondents.