The Supreme Court today fixed for tomorrow (19) whether it would grant leave to proceed with a Fundamental Rights petition filed challenging the legality of the appointment of UNP leader Ranil Wickremasinghe as a Member of Parliament.
General Secretary of Vinivida Peramuna Nagananda Kodituwakku filed this petition seeking an order that UNP leader Ranil Wickremasinghe is disqualified and not entitled to be elected a Member of Parliament of the UNP.
A three-judge bench of the Supreme Court comprising Justices Gamini Amarasekara, Shiran Goonaratne and Janak de Silva fixed the order for tomorrow on whether leave to proceed could be granted.
Meanwhile, Deputy Solicitor General Kanishka de Silva appearing for the Attorney General, raised preliminary objections against the petition stating that it is out of time.
She further alleged that the petitioner has filed this petition concealing material facts to the effect that a similar application filed by the petitioner has been dismissed by the Supreme Court.
While agreeing with preliminary objections raised by the Attorney General, l Ronald Perera PC the counsel for the Acting President moved the Court to dismiss the petition in limine.
The Petitioner states the sovereignty in the people which includes the election of MPs is an inalienable right protected by the Constitution itself and the people’s right to elect Members of Parliament at their choice, is an essential ingredient of sovereignty in the people, which cannot be defeated by way of an ordinary piece of legislation like Parliamentary Election Act.
Kodituwakku states the supreme law of the land, the Constitution, clearly specified that National List nominations shall be presented to the Election Commission within one week from the Notice received by the Party Secretaries from the Election Commission.
The Petitioner states that the General Secretary of the UNP had failed to comply with the Notices served on them by the former Election Commission Chairman within the mandatory period in terms of Article 99A of the Constitution, to tender the name to fill the National List MP slot allocated for UNP by the Election Commission.
The Petitioner Kodituwakku states that he is entitled to a declaration that the Election Commission has, violated his right to equality and equal treatment before the law under Article 12(1), which had elected Ranil Wickremasinghe without jurisdiction.
Ronald Perera, PC with counsel Eraj de Silva, appeared for Acting President Ranil Wickremasinghe.
