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Batty Weerakoon writ application re-fixed for September 26

by Wasantha Ramanayake

The Supreme Court yesterday re-fixed for hearing the Writ Application filed by Batty Weerakoon challenging the appointments of the Members of Parliament of the People's Alliance (PA) from the National List, for September 26.

The Bench comprised Justices Dr. (Mrs.) Shirani Bandaranayake, P. Edussuriya and H.S. Yapa.

The court put off the hearing due to the another prolonged partly heard matter.

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

Among the 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 the third respondent, PA General Secretary D.M. Jayaratne had sent a list of nominees for the said National List, contrary to the Executive Committee decision, to the first respondent Elections Commissioner.

Petitioners prayed for; a Writ of certiorari quashing the decision of the first respondent, to accept the said nominations sent by the third respondent 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 MPs and a Writ of Quo Warranto on the nine respondent MPs and to declare their appointment as MPs by the Extraordinary Gazette dated December 11, 2001 was null and void.

The hearing was put off for September 26.

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