General Elections 2004 - RESULTS
Friday, 9 April 2004  
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Colombo District Court revokes enjoining order

The Colombo District Court yesterday revoked the enjoining order that restrained the Sri Lanka Rupavahini Corporation (SLRC) and Independent Television Network (ITN) from alleged violation of the guidelines set out by the Commissioner of Elections.

In these cases UNP General Secretary Malik Samarawickrema and former Minister Ravi Karunanayake has cited the SLRC, ITN and the Commissioner of Elections as respondents.

The plaintiffs state that the defendants had violated the guidelines set by the Commissioner of Elections and telecast programs that were biased and partisan towards the United People's Alliance, deliberately designed to bring the UNP and its members to disrepute.

When the case came up before Colombo District Judge S. M. S. Samarakoon, the Counsel for the plaintiffs G. G. Arulpragasam submitted that as the general election is over, the question of extending the enjoining order did not arise.

The Counsel for the first defendant submitted that "this Court has no jurisdiction to hear this matter and that they had already filed Fundamental Rights application in the Supreme Court."

The Supreme Court has granted leave to appeal in respect of the application. The application will be taken up for hearing on August 4. The Counsel also submitted that the Commissioner of Elections should be removed from the proceedings as no prayer against him was made by the plaintiffs.

The Counsel for the plaintiffs objected to the application and submitted that the Commissioner of Elections is a necessary party to the case and that he should remain as a defendant.

Having heard the submissions made by both parties, the Court ordered the 1st and the 2nd defendants to file answers and objections by May 4.

The Court turned down the application to remove the Commissioner of Elections from the proceedings.

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