A three-judge bench of the Supreme Court comprising Justices Gamini Amarasekara, Shiran Goonaratne and Janak de Silva refused to grant leave to proceed with this petition considering several reasons, including that the petition is out of time.
General Secretary of Vinivida Peramuna Nagananda Kodituwakku filed this petition, seeking a declaration that UNP leader Ranil Wickremasinghe is disqualified and not entitled to the appointed as a Member of Parliament of the UNP.
Deputy Solicitor General Kanishka de Silva appearing for the Attorney General, raised preliminary objections against the petition stating it is out of time.
She further alleged that the applicant is guilty of wrongful suppression of material facts.
She said the Supreme Court dismissed a similar application filed by the applicant earlier.
While agreeing with preliminary objections raised by Attorney General, Counsel Ronald Perera PC appearing for the Acting President, moved the Court to dismiss the petition at the beginning of the proceedings (in limine).
The Petitioner states the sovereignty of the people, including 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, that 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 UNP had failed to comply with the Notices served on them by the former Election Commission Chairman within the mandatory period specified by the 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 states that he is entitled to a declaration that his right to equality and equal treatment before the law under Article 12(1) has been violated by the Election Commission which had elected Ranil Wickremasinghe without jurisdiction.
Ronald Perera PC with Senior Counsel Eraj de Silva instructed by Vidanapathirana Associates, appeared for Acting President Ranil Wickremasinghe.
