Elpitiya PS election: FR challenges EC’s decision, SC defers for 24 September

By S.S.Selvanayagam 

The Supreme Court yesterday (20) deferred the Fundamental Rights Petition challenging the decision of the Elections Commission to hold elections for the Elpitiya Pradeshiya Sabha, for 24 September.

The Bench comprised Justices Buvenega Aluvhiare, Murdu N.B. Fernando and S. Thurairaja.

Petitioners S.M. Yeshan Nayanjith, S.M. Maleesha Dilhan and S.A.M Devinda Abeywardena who are voters and residents in their petition sought the Supreme Court to restrain the Election Commission from holding said election.

Petitioners cited the Chairman of the Elections Commission Mahinda Deshapriya, the members of the Commission and the Returning Officer in Charge of the Elpitiya Pradeshiya Sabha election as Respondents.

The Petitioners claim that the date for the Elpitiya Pradeshiya Sabha elections had been fixed without holding a meeting of the Elections Commission.

They point out that it is unconstitutional to hold the election again based on the nominations called in 2017.

An Extraordinary Gazette notification has earlier been issued by the Returning Officer of Galle District, Somarathna Vidhanapathirana, confirming that the election for the Elpitiya Pradeshiya Sabha will take place on 11 October 2019.

On 30 August, the Supreme Court ordered the Elections Commission to hold the elections of the Elpitiya Pradeshiya Sabha after accepting nominations by the Democratic United National Front (DUNF).

Suren Fernando appeared for the Petitioners. Additional Solicitor General Indika Demuni de Silva appeared for the Attorney General.