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LG Polls case: SC issues notices on new EC and fmr-member P.S.M. Charles

LG Polls case: SC issues notices on new EC and fmr-member P.S.M. Charles

03 Oct 2023

The Supreme Court (SC) yesterday (2) ordered to once again issue notice on the new Chairman and members of the Election Commission (EC) to appear before the Court.

This order was issued by a five-Judge SC bench, when the petitions seeking an order declaring that the fundamental human rights of the people have been violated by the failure to hold the 2023 Local Government (LG) Elections on 9 March 2023, as previously scheduled, and to issue an order to the EC to hold the relevant Elections on time, were taken up for consideration yesterday.

The petitions were filed by the National People’s Power (NPP), the Samagi Jana Balawegaya, the Centre for Policy Alternatives and the People’s Action for Free and Fair Elections, naming the EC Chairman and the members of the EC as respondents.

Chief Justice (CJ) and President’s Counsel (PC) Jayantha Jayasuriya and Justices Priyantha Jayawardena PC, Vijith Kumara Malalgoda PC, Murdu Fernando PC and Gamini Amarasekera comprised the five-Judge bench which issued this order.

There, Nigel Hatch PC, who appeared on behalf of the NPP, requested the Court for an early date for the hearing of the petition since the fundamental human rights of the people are violated by the postponement of the Elections.

At the time, the CJ mentioned that although the hearing of the relevant petitions was scheduled to be held yesterday, a situation had arisen where it was not possible to carry out the hearing due to the fact that the petitioners had not properly issued notice to the respondents. The CJ further emphasised that not only the petitions related to the LG Polls but also the facts related to each and every petition presented to the Court will be considered in depth.

Accordingly, the Judge bench ordered the petitioning party to issue notices to the new members of the EC and the former member of the EC, P.S.M. Charles, who were added to the list of respondents of the petitions, within a period of one week.

Later, the relevant petitions were ordered to be recalled for hearing on 21, 22, 29 and 30 November and 1 December 2023.


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