|
|
 |
 |
 |
| Saturday, 14 February 2004 |
 |
|
 |
Politics | |
| News Business Features Editorial Security Politics World Letters Sports Obituaries
| AG to ask elections chief whether local Govt. elections can be held in Digamadulla on Feb. 21 by Wasantha Ramanayake The Supreme Court yesterday directed the Attorney General (AG) to obtain instructions from the Elections Commissioner as to whether the Local Government elections could be held as scheduled on February 21, based on the voters list prepared for the year 2002, with regard to the seven Local authorities in the Digamadulla Electoral District. If it was not possible, the court directions further indicated, that the Court be apprised as to what steps could be taken by the Commissioner to hold the election based on the 2002 voters register in connection with the seven local bodies in Kalmune, Samanthure, Akkarepattu, Pothuvil, Addalchchena, Ninthavur and Thirukkovil. The Bench comprised Chief Justice Sarath N. Silva PC and Justices T.B. Weerasuriya and Nihal Jayasinghe. Counsel Wijayadasa Rajapakse PC for petitioners submitted that the four petitioners who were youth born after 1983 and also the residents of these areas had been deprived of their franchise since the Election was to be held on the Electoral Register prepared for the year 2000. He submitted that the petitioners had not attained the age of 18 when the list was prepared. The Counsel submitted that the election with regard to the bodies were postponed several times within time span of two years. It had been finally fixed for February 21, 2004. He submitted that over 11,000 people would be deprived of their right to vote at the election if the Election Commissioner used the year 2000 voters register. He contended that the operative register was voters register for the year 2002 and the election should be held under the same in terms of the Section 12 (B) of the Local Authorities Elections Ordinance. Counsel argued that the decision of the respondents to hold the election under the year 2000 voters register was ultra vires of the said Ordinance and the Article 4(e) and 12 of the Constitution, illegal and in violation of the Fundamental Rights and the franchise of the petitioner. Senior State Counsel S. Rajaratnam submitted that since the nominations were accepted in the year 2000 the election should be held under the operative list at that time i.e. list prepared for the year 2000. Although the nomination had been accepted in 2002, the voters voting for the election in 2004, should not be deprived of their franchise as they have not been registered for the year 2000. The court held that the Local Authorities elections also should be held under the operative register in terms of the Local Authorities Elections Ordinance. Four Petitioners A.K.M. Sameer of Kalmune, Mohamed Ismail of Akkarepattu, Abdul Majeed of Addalachchena, Abdul Naheem of Ninthavur cited the Election Commissioner, Government Agent Ampara, the Returning Officer of the said Local Authorities and the Attorney General as respondents. Petitioners sought an interim relief suspending the elections that were to be held on February 21, a sum of one million rupees as compensation and a court direction directing the respondents to use the year 2002 Electoral Register in holding the election. Wijayadasa Rajapakse PC with Kapila Liyanagamage appeared for the petitioners. Senior State Counsel S. Rajaratnam appeared for the AG. The case to be mentioned on February 17. |
|
News | Business | Features
| Editorial | Security
Produced by Lake House |
