Petition seeks LG polls in South; SC directs Minister to file objection

Saturday, 5 November 2016 00:01 - - {{hitsCtrl.values.hits}}

By S.S. Selvanayagam

The Supreme Court this week directed the Minister for Local Government and Provincial Councils to file objections within two weeks to the fundamental rights petition seeking to hold the Local Government Elections in the districts of Galle and Matara.

The bench, comprising Justices Priyasath Dep, Anil Gooneratne and Nalin Perera, fixed the matter to be mentioned on 18 November.

The court on 29 April had granted leave to proceed with the petition which seeks an order from the court to direct the Elections Commission to take all necessary steps to hold the local election in the Galle and Matara districts.

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

They cited the Elections Commission, its Chairman Mahinda Deshapriya, its members, Local Government and Provincial Councils Minister Faizer Musthapha, Attorney General and others as respondents.

They state that prior to their terms of office expiring on 1 April 2015, the Minister extended the terms of office of three Municipal Councils, 30 Urban Councils and 201 Pradeshiya Sabhas.

The petitioners highlighted that no further extensions were made to the local authorities and the terms of office have expired from 15 May 2015.

They highlighted that there was no provision in the law for the Secretaries to have, exercise, perform and discharge the rights, privileges, powers, duties and functions of the Councils or Pradeshiya Sabhas.

Furthermore, the petitioners emphasised that the Elections Commission’s failure to take all necessary steps to hold elections for local authorities as required by the law violated their fundamental right to equality. It is also a gross violation of the sovereignty vested in the people, which includes the franchise, they claimed.

Manohara de Silva PC with Udaya Gammanpila appeared for the petitioners. Additional Solicitor General Sanjay Rajaratnam with State Counsel Surekha Ahmad appeared for the Elections Commissioner and the Attorney General. J.C. Weliamuna appeared for some of the intervenient petitioners.