Writ petition against holding LG Election postponed for May 11

• President’s Counsel Saliya Pieris appearing for the Election Commission sought a one week period to respond to the affidavit since the election has been fixed for 9th of March

By Lakmal Sooriyagoda   

The Writ petition filed by retired Army Colonel W.M.R. Wijesundera seeking an order quashing the decision of the Election Commission to hold the Local Government elections was yesterday postponed for May 11 by the Supreme Court.  

The Court was informed that the Treasury Secretary had filed three affidavits informing that sourcing funds for the election has become a challenge since the government has to give priority for the essential services.  

President’s Counsel Saliya Pieris appearing for the Election Commission submitted to court that the Election Commission is expecting to reply to the affidavits submitted by the Treasury Secretary. He sought a one week period to respond to the affidavit since the election has been fixed for 9th of March. He further said the law has mandated the election to be held before 9th of March.   

However, Justice S. Thurairaja observed that the court also has a diary and has certain important things. He further said one of the judges on the bench will not be available in the month of March. The Supreme Court announced that the next available date is the month of May and thereby fixed the petition for further support on 11th of May. Supreme Court three-judge-bench comprised Justices S. Thurairaja, A.H.M.D. Nawaz and Shiran Goonaratne.    

Meanwhile, replying to a query by the Supreme Court that when will the country’s financial situation improve to hold the election, Additional Solicitor General Nerin Pulle said he is unable to make a comment without taking instructions from his client, Treasury Secretary. 

Saliya Pieris PC appearing for the Election Commission said the repercussions of allowing the Treasury Secretary to take a decision on when the elections are to be conducted would be enormous. If this is done, the Secretary to the Minister of Finance and the Cabinet of Ministers can block the franchise of the people even at the Presidential Election and Parliament Election, he said. 

Meanwhile, the Supreme Court yesterday rejected a request made by several parliamentarians that notices be issued on the Secretary to the Treasury and the Government Printer to explain why they are interfering with solemn undertaking given by the election Commission. Several Parliamentarians including Prof. G.L. Peiris had filed writ petitions seeking an order directing the Election Commission to hold the election.   

 “The Election Commission has given a solemn undertaking to hold the election. If any person tries to obstruct that undertaking given to the court, notices are issued to the Secretary to the Treasury and the Government Printer. In terms of the law, these officials are mandatory to corporate the election commission,” Romesh de Silva PC appearing for Prof. G.L. Peiris said.   
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.) Wijesundera.   

President’s Counsel Faisz Mustapha with Counsel Faisza Mustapha Markar, Eraj de Silva and Sujeewan Hendavitharana appeared for the petitioner. Romesh de Silva PC appeared for Prof. G.L. Peiris. Sanjeeva Jayawardena PC with Lakmini Warusevitane appeared for the four parliamentarians.