Petition against elections day 7 – Three reports to the Supreme court from the Attorney General (Video)
Posted on May 27th, 2020

Courtesy Hiru News

The hearing of the petitions filed before the Supreme Court challenging the date of the general election have been postponed until tomorrow.

This was when the hearing was conducted for the 7<sup>th</sup> day before the Bench comprising of Chief Justice Jayantha Jayasuriya and Justices Buwaneka Aluvihare, Sisira de Abrew, Priyantha Jayawardena and Vijith Malalgoda

Additional Solicitor General Indika Demuni De Silva, who appeared on behalf of the Attorney General, completed her submissions today.

President’s Counsel Manohara de Silva appearing on behalf of Prof. Pandula Addagama who filed an Intervenient petition in to these fundamental rights petitions, made his submissions

He said the President’s dissolution of Parliament and the gazette issued on March 2 were legal.

Pointing out that there was no legal provision to revoke the gazette, the President’s counsel emphasised that there is no legal provision to hold elections within three months and summon parliament from the date of the dissolution of parliament.

Similarly, he also stated that although the petitioners have called for the reconvening of the dissolved parliament, there is no provision in the Constitution to take such a step.

Attorney-at-Law Manohara de Silva said that the supreme court had recently stated that the election commission can decide independently on setting the date of the election.

Therefore, he noted that it is surprising that the Election Commission has asked for more time to set the dates for the general election and for the issuance of preferential numbers.

He stated that it would raise a doubt whether the Election Commission and the petitioners have jointly worked together to postpone the general election.

President’s Counsel Uditha Igalahewa appearing for an intervenient party stated that there are contradictions in the facts presented in the petitions by the petitioners

He also questioned how the Parliament could be reconvened if the gazette proclamation by the President regarding the dissolution of parliament is revoked.

The Attorney emphasized that a Parliament which is dissolved by the President cannot be recalled except under the exceptional circumstances specified in the Constitution.

Thereafter the hearing of the petitions was postponed until 10.00 am tomorrow and the lawyers appearing for the intervenient petitioners are due to make their submissions tomorrow.

Meanwhile, Attorney-at-Law Nishara Jayaratne stated that three comprehensive reports on the collective action taken by the Government under the leadership of the President to control the covid 19 pandemic was submitted to the Supreme Court yesterday and today on behalf of the Attorney General.

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