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CA dissolves Interim Order against Delimitation Gazette

Comments / {{hitsCtrl.values.hits}} Views / Friday, 1 December 2017 00:00

  • Nominations for remaining 208 LGs to be made on 4 Dec. and elections possible by Feb

By S. S. Selvanayagam

The Court of Appeal yesterday (30) dissolved the Interim Order which stayed the operation of the said Gazette notification dated 17 February that has affected the amendments of the boundaries, number of members and the constituent parts of wards in respect of the Local Authorities.

Election Commission says calling of nominations for remaining 208 Local Governments, will be made on 4 December and elections could be held by beginning of February. 

The Bench comprising Justices L.T.B. Dehideniya (President/CA), Kumudini Wickramasinghe and A.L.S. Gooneratne permitted the move by the petitioners to withdraw their petition and terminated the proceedings without costs.

When the Writ application was taken up yesterday, the Counsel for the Petitioners move to Court to withdraw the petition in view of that the Undertakings given by the Minister, national interests and that the Elections Commissioner had called for nomination for 93 local government bodies.

Attorney General Jayantha Jayasuriya pleaded the Court to vacate the Interim Order and allow the petitioner to withdraw the petition as well as to terminate the proceedings without costs.

Attorney General on 27 November filed a motion in the Court of Appeal seeking to call up matter yesterday (30) the Writ petition challenging the gazette notification dated 17 February on the delimitation amending the boundaries, number of members and the constituent parts of wards in respect of the Local Authorities.

In his motion, he had pleaded the Court to vacate the Interim Order and dismissed the petition as Petitioners have no locus standi and necessary parties namely Election Commissioner is not made a party and it is out of jurisdiction and that Elections Commissioner had already called for 93 local government bodies out of total 133 seats.

Only the remaining 40 seats in dispute and if the election is not held in these Local Government bodies, franchise of the people would have been denied, he pointed out.

The Court of Appeal on 22 November issued an Interim Order staying the operation of the said Gazette notification and also issued notices on the Minister and the Ministry Secretary returnable for 4 December.

The Attorney General on 16 November raised preliminary objection on the maintainability of the Writ Petition seeking to quash the decision of the Minister of Provincial Council and Local Government Faiszer Musthapha.

When the Writ petition challenging the gazette notification of the Minister of Provincial Councils and Local Government Faizer Musthapha was taken up on 16 November, the several parties namely UNP, Pothujana Peramuna, JVP, Paffrel, Caffe, and Eksath Jathika Nidhahas Peramuna indicated their intention to intervene to oppose the original Petition.

Deputy Solicitor General Arjuna Obeysekera appeared for the Respondents the Minister and the Ministry Secretary had raised the objection on the ground of time limit that the petition has been filed after nine months and the petitioners has no locus standi (the right or ability to bring a legal action to a court of law, or to appear in a court), there is no necessary parties in the petition namely Election Commission, etc.

Petitioners W.D.G. Wijeratne (Kandy District), T. Sirisena Fernando (Colombo District), R.K.M. Karuatilake Kumara (Kurunegala District), D.K. Ariyaratne (Badulla District), J.K. Rajapaksha Senadheera (Ratnapura District), and P.H. Yohan Dhanushka (Matara District) cited the Minister and the Ministry Secretary as Respondents.

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