Home / News/ SC fixes FR on LG polls for 28 Feb.

SC fixes FR on LG polls for 28 Feb.


Comments / {{hitsCtrl.values.hits}} Views / Tuesday, 5 December 2017 00:00


By S.S. Selvanayagam

The Supreme Court yesterday fixed for mention on 28 February the fundamental rights petition seeking to hold the Local Government Elections within a timeframe specified by the Court.

The Bench comprised Justices Eva Wanasundera, Sisira J. De Abrew and Anil Gooneratne.

The fundamental rights petition was filed by the People’s Action for Free and Fair Elections (PAFFREL) seeking to hold the Local Authorities Elections forthwith or within a timeframe provided by the Court.

The petitioner cited Minister of Provincial Councils and Local Government Faiszer Musthapha, Secretary of the Ministry, the Elections Commission, members of the Delimitation Committee and the Attorney General as respondents.

The petitioner states that the Minister or the other respondents has continuously postponed or delayed the local government elections which were to be held in 2015 and 2016.

It states that the Elections Commission has failed to hold the elections when the Local Authorities Election has specifically provided the general election to select representatives of the people for the local government institution should be held within a period of four months preceding the date on which the terms of office of members who are to be elected is due to commence.

One or more or all of the respondents denying the rights of citizens to select their representatives to perform legislative and executive power at a local level is violating the fundamental rights of the citizen arbitrarily and illegally, it laments.

In the 13th Amendment to the Constitution, local governance was specifically recognised and after the said amendment, the legislative and executive power of the people has been devolved from the Central Government to Provincial Councils and to local government institutions, it points out.

The local government institutions represent the sovereign power of the people and are part and parcel of the same, he underscores.

At this instance, the exercise, performance and discharge of all the rights, privileges, powers, duties and functions vested in on all local authorities are exercised by government officers who are neither the representatives nor elected by the people to exercise the sovereign power of the people, it bemoans.

Asthika Devendra with Danuka Nandasiri, instructed by Mangala Balasuriya, appeared for the petitioner.

 Romesh de Silva PC with Sugath Caldera appeared for the Minister of Provincial Councils and Local Government. Riad Ameen appeared for the members of the Delimitation Committee. Deputy Solicitor General Nerin Pulle appeared for the Elections Commissioner and the Attorney General.

 


Share This Article


COMMENTS

Today's Columnists

Spotlight on Franco-German Human Rights Award winner, Sri Lanka’s Shreen Saroor

Saturday, 16 December 2017

Noted Sri Lankan human rights campaigner Shreen Abdul Saroor received the Franco-German Human Rights Award at a ceremony on Monday in the presence of Minister of Finance and Media Mangala Samaraweera and the German Ambassador to Sri Lanka Jörn Rohde


Thoughts on the Budget and what comes next

Friday, 15 December 2017

The recent Budget definitely improves on previous budgets. It is a promising debut for Mangala Samaraweera, the new Finance Minister. He sees...


2017 a decisive year; what’s in store for 2018?

Friday, 15 December 2017

‘Creating a Shared Future in a Fractured World’ is be the goal of the World Bank and the IMF in 2018. In the last 12 months the global...


Call to probe Lanka’s trade with Singapore and UAE for black money transactions

Friday, 15 December 2017

Sri Lankan economist Dr. Muttukrishna Sarvananthan has called for a probe into the financing of the substantial trade between Sri Lanka and countries like Singapore and the UAE, to check possible black money transactions


Columnists More