Home / Front Page/ Local Authorities Elections Bill disputed

Local Authorities Elections Bill disputed

Comments / {{hitsCtrl.values.hits}} Views / Saturday, 9 September 2017 00:00

By S.S. Selvanayagam

The Supreme Court yesterday fixed for hearing on Monday the petition on the Local Authorities Elections (Amendment) Act, which has already been passed by Parliament and had been awaiting approval by the Speaker.

The bench comprised Chief Justice Priyasath Dep and Justices Anil Gooneratne and Vijith K. Malalgoda.

Former member of Kaduwela Municipal Council G. A. Neel Shantha on 30 August filed his petition citing the Attorney General, Election Commission Chairman Mahinda Deshapriya, members of the Election Commission, the Minister of Provincial Councils and Local Government Faiszer Musthapha as Respondents. Dharshana Weraduwage appeared for the Petitioner.

Petitioner states the Local Authorities Elections (Amendment) Act during the third reading had new amendments introduced to the Original Bill, which were not included in the bill published in the Gazette, which deprived the Petitioner and many other classes of Public Servants including “Samurdhi Officers, Development Officers, Grama Seva Niladharis” from contesting to the next election by introducing disabilities to their being eligible to contest in the said election, which also have a retrospective effect.

He states the passing of the said new Amendments is contrary to the established legislative process and is an infringement of Articles 78, 121 read with 124 of the Constitution as well as Articles 3 read with 4(d), 12(1), 12(2) and 14(1)(g) of the Constitution.

He claims said amendments have been introduced without the sanction of the Attorney General in terms of 77 of the Constitution.

He alleged the said amendments have been introduced without the sanction of the Cabinet of Ministers and contrary to the due process established in submitting Cabinet memoranda which requires the mandatory approval of the Cabinet of Ministers.

He contends the fifth Respondent Minister of Provincial Councils and Local Government has no power to introduce the said new Amendments as aforesaid.

He maintains that the said new Amendments which were introduced contrary to the established legislative process is an infringement of the Standing Orders of Parliament.

He is seeking the Court to issue stay order against the Election Commission from taking any steps to call nominations for elections till the final determination of his application.

Share This Article


1. All comments will be moderated by the Daily FT Web Editor.

2. Comments that are abusive, obscene, incendiary, defamatory or irrelevant will not be published.

3. We may remove hyperlinks within comments.

4. Kindly use a genuine email ID and provide your name.

5. Spamming the comments section under different user names may result in being blacklisted.


Today's Columnists

Tamil actor Kamal Haasan stars in new role as political leader

Saturday, 24 February 2018

Srinivasan Kamal Haasan is one of India’s foremost film actors. Known popularly as Kamal, the talented and versatile thespian has not only excelled as an actor onscreen, but has successfully engaged in other cinematic spheres too. The multi-faceted

Yameen’s economic offensive to counter political adversity ahead of presidential poll

Saturday, 24 February 2018

The embattled Maldivian President Abdulla Yameen, who is facing intense political opposition both in and out of the country, hopes to win the September, 2018 presidential election using a combination of political belligerence and a strong economic pr

In the end, there was nothing

Saturday, 24 February 2018

Much more than a storm in a tea cup! To a non-discerning person, it all seemed like the final battle of the counter revolution. President Sirisena was up in smoke trying to oust Prime Minister Ranil Wickremesinghe for no articulated reason. He asked

Shouldn’t Govt. prevent parliamentary system from decay and destruction?

Friday, 23 February 2018

The wrong people teach us the best lessons. As a clever nation, we had always used our ballot and chased the wrong people

Columnists More