Seven-member judge bench for petitions on parliament dissolution
Posted on November 26th, 2018
Courtesy Adaderana
Chief Justice has appointed a seven-member full judge bench to hear the petitions filed against the dissolution of the parliament.
The justices appointed to the bench are,
Nalin Perera
Buwaneka Aluwihare
Sisira de Abrew
Priyantha Jayawardena
Prasanna Jayawardena
Vijith Malalgoda
Murdu Fernando
Thirteen fundamental rights petitions were filed at the Supreme Court asking it to declare that the President’s order to dissolve the parliament is illegal.
The petitions have been filed by political parties including United National Party (UNP), Janatha Vimukthi Peramuna (JVP), the Tamil National Alliance (TNA), Tamil Progressive Alliance (TPA) and the All Ceylon People’s Congress. Organisations and activists such as the Centre for Policy Alternatives (CPA), Attorney Aruna Laksiri and also a member of Elections Commission Prof. S. R. H. Hoole have also filed petitions.
Accordingly, the Supreme Court has issued an interim order temporarily suspending the Gazette notification issued by the President on the dissolution of Parliament. An interim order was also issued on the Elections Commission preventing the holding of a general election.
The stay orders have been issued effective until December 7 and the petitions have been fixed for argument on December 4, 5 and 6.
November 26th, 2018 at 3:39 pm
Article 70(1) is very clear on this. It must be a textbook case. The President cannot dissolve parliament for 4 and a half years since it convened in September 2015. This was introduced by 19A. Some of us have a problem with 19A but only one MP opposed it. Therefore it is law.
However, if the President goes against the Constitution and dissolves parliament, there is nothing anyone can do apart from impeaching the President. This is a very dangerous power of the President who was elected with 85% of the minority votes and over 60% of the majority rejected him in January 2015.
A fresh presidential election must be held soon. However, the best way out is to abolish executive presidency.
Sirisena has destroyed both Wickramasinghe and Rajapaksa clans by his confused action. People are disgusted with both and seek a fresh clan to lead the nation. As for Sirisena, this is his only chance to get re-elected. If he misses this chance, he cannot get re-elected.
Since October 26, Sri Lanka’s foreign reserves have nosedived, FDIs and stock market crashed and the oncoming tourist season is likely to be the worst one in five years with 23 countries issuing warnings against political instability in Sri Lanka.