Petition challenging appointment of Ranil as MP dismissed
Posted on July 19th, 2022

Courtesy The Daily Mirror

A Fundamental Rights petition filed challenging the legality of the appointment of UNP leader Ranil Wickremasinghe as a Member of Parliament was Today dismissed by Supreme Court.

Supreme Court three-judge-bench comprising Justices Gamini Amarasekara, Shiran Goonaratne and Janak de Silva refused to grant leave to proceed with this petition taking into consideration several reasons including petition had been filed 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 be elected as Members of Parliament of the UNP.

Deputy Solicitor General Kanishka de Silva appearing for the Attorney General had raised preliminary objections against the petition citing it has been filed out of time. 

She further alleged that the petitioner is guilty of wrongful suppression of material facts that a similar application filed by the petitioner has been dismissed by Supreme Court.

While agreeing with preliminary objections raised by Attorney General, President’s Counsel Ronald Perera appearing for Acting President also moved Court to dismiss the petition at the beginning of the court proceedings (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 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 the 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 law under Article 12(1) has been violated by the Election Commission who 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. (Lakmal Sooriyagoda)

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