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Patali and Welgama file petition against parliament dissolution

09 May 2020

Former MPs Patali Champika Ranawaka and Kumara Welgama have filed a FR petition before the Supreme Court requesting that the proclamation of Dissolution of Parliament by President Gotabaya Rajapaksa be declared null and void. The Attorney General in lieu of the President, Election Commission’s Chairman Mahinda Deshapriya and its members President’s Counsel N.J. Abeysekara and Prof.S. Rathnajeevan H.Hoole and the Attorney General have been cited as the respondents in the petition. The two petitioners argue that the dissolution of Parliament became null and void simultaneously with the determination of the Election Commission that the election would not be held within three months of the dissolution of Parliament. "The President by failing to rescind the dissolution proclamation (P2) simultaneously with the decision of the Election Commission to postpone the Election to 20th June 2020 or beyond (which will not permit the new Parliament to meet within 3 months of the dissolution), has acted in a grossly unreasonable and irrational manner, actuated by mala fide political considerations, and thus acted in breach of his constitutional obligation (including his obligation under Article 33) to ensure that the Constitution is respected and upheld, and acted in breach of his duty as a fiduciary exercising power, including constitutional power, in trust for the People, and has thus and otherwise infringed the fundamental rights guaranteed to ourselves and the citizens of Sri Lanka by Article 12(1) of the Constitution. The failure to rescind same also amounts to a continuing infringement of the said fundamental right; "C. We also fear imminent infringement of our fundamental rights, and the fundamental rights of the citizens of Sri Lanka, (by the conduct of elections in the circumstances aforementioned, prior to the satisfactory containment of the COVID-19 crisis) guaranteed by Articles 14(1)(a), 14(1)(b), 14(1)(c), 12(1), 10, Article 4(d) and (e), and Article 3, if elections are held under these circumstances, as it will not permit a free and fair election, but will pose a grave threat to public health." "We respectfully state that if the dissolution proclamation is not determined to be null and void and / or rescinded immediately irreversible harm will be caused to the Fundamental Rights of ourselves and the citizens of Sri Lanka,"the two petitioners pointed out.


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