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| Wednesday, 11 June 2003 |
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by Wasantha Ramanayake Election Commissioner Dayananda Dissanayake, yesterday filed a Fundamental Rights application before the Supreme Court against the obstruction of his retirement even after reaching 61 years of age. Petitioner claimed that he had five heart attacks and was awaiting anxiously to retire from the Office of the Election Commissioner. Petitioner Election Commissioner Dayananda Dissanayake complained that his Fundamental Rights were violated by the failure of the President to appoint an Election Commission on the recommendation of the Constitutional Council, preventing him from retiring from his highly stressful office at the age of 61. Petitioner cited Attorney General, Secretary to the President, Speaker and the Chairman of the Constitutional Council, Prime Minister Ranil Wickremasinghe, Opposition Leader Mahinda Rajapakse, H.L. de Silva PC, Dr. A.R.B. Amarasinghe, L.H.G. Weerasekera, M. Jameel, P. Sundaralingam, R. C. Karunakaran and S.S. Wijeratne, the members of the Constitutional Council, as respondents. The petitioner stated interalia that he was 61 years old and joined the Public Service on January 2, 1970. He served continuously in the Department of the Election since February 17, 1995 and carried out his duties with strict independence. Petitioner claimed that he sought a clarification from the first respondent the Attorney General of his retirement when he reached 60 years on April 28, 2002. He was notified that he would have to remain in office until the Election Commission was constituted. According to the petition, petitioner shall cease to hold the office as the Commissioner of Elections once the Election Commission was established under the 17 Amendment in terms of Article 103 of the Constitution. Elmore Perera filed the Petition on behalf of petition. |
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