SC grants leave to proceed with Rights petition seeking LG Polls

By S. S. Selvanayagam

The Supreme Court yesterday (29) granted leave to proceed with the fundamental rights petition which seeks an order from the Supreme Court to direct the Elections Commission to take all necessary steps to hold elections for the local government bodies in the Districts of Galle and Matara.

 The Bench comprised Chief Justice K. Sripavan and Justice B. P. Aluvihare who granted leave against the Elections Commissioner.

 The Court also intimated that it will decide to give appropriate direction to either the Minister or the Elections Commissioner after considering the objections raised by the Attorney General and the Counter Objections presented by the Petitioners.

 Objections are to be filed within four weeks and the counter objections within two weeks thereafter. The hearing is fixed for 8 July.

 Petitioners are Chairmen and Deputy Chairmen of the United People Freedom Alliance for Weligama Urban Council and Dikwella, Thawalama, Neluwa, Weligama, Thihagoda, Kirinda, Kotapola, Mulatiyana, Pasgoda, Devinuwara, Kamburupitiya, Athuraliya, Malimbada, Akuressa, Hakmana, Matara and the Pitabeddara Pradeshiya Sabhas.

 They cited the Elections Commission, its Chairman Mahinda Deshpriya, its Members, Local Government and Provincial Councils Minister Faizer Musthapha, the Attorney General and others as Respondents.

 The Petitioners stated that prior to their terms of office expiring on 01 April 2015, the Minister extended the terms of office of three Municipal Councils, 30 Urban Councils and 201 Pradeshiya Sabhas.

 They also stated that no further extensions were made in respect of said local authorities and the terms of office have expired from 15 May 2015.

 They contend there is no provision in the law for the Secretaries to have, exercise, perform and discharge rights, privileges, powers and duties, and the functions of the Council and/or Sabha and/or the Chairman and/or Pradeshiya Sabha has expired according to the law. They also maintained that the Elections Commission is duty bound to hold the election before the expiry of said term.

 The Petitioners stated that the Elections Commission’s failure to take all necessary steps to hold elections for local authorities as required by law is violative of their fundamental rights to equality and is a gross violation of the sovereignty vested in the people – which includes the franchise.

 Manohar de Silva PC with Udaya Gammanpila appeared for the Petitioners. Additional solicitor General Sanjay Rajaratnam with Deputy Solicitor General Demuni de Silva appeared for the Elections Commissioner and the Attorney General.