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Saturday, 12 January 2002  
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PA National List challenged before SC

by Wasantha Ramanayake

Former Justice Minister Batty Weerakoon has filed a writ application before the Supreme Court challenging the appointment of the National List, PA parliamentarians.

The petitioners Lanka Sama Samaja Party (LSSP) and its General Secretary Batty Weerakoon had cited Elections Commissioner Dayananda Dissanayake, PA, its General Secretary D. M. Jayaratne and nine PA MPs appointed from the national list in terms of the Article 99 A of the constitution.

Among other matters, the petitioners stated that the LSSP is a constituent party of the PA and according to a decision taken by the Executive Committee of the PA prior to the 2001 General Election, every constituent party of the PA was entitled to one national list seat in the Parliament.

The petitioners alleged that contrary to the said Executive Committee decision, the third respondent had sent a list of nominees for the National List MPs for the PA to the first respondent Election Commissioner.

The petitioners prayed for a Writ of certiorari quashing the decision of the first respondent to accept the said nominations sent by the third respondent for appointment as the Members of the Parliament and his decision to declare the said persons elected as the Members of the Parliament; Writ of mandamus requiring the first respondent to issue a fresh notice to the secretary of the second respondent party to nominate qualified persons as MP and a writ of quo warranto on the ninth respondent MPs and declares their appointment as MPs by the Extraordinary Gazette dated December 11, 2001 was null and void. 



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