Seeking order to hear Writ application : SB files leave application
 

by Wasantha Ramanayake

The UNP Parliamentarian and former Minister S. B. Dissanayake on Tuesday filed a special leave application in the Supreme Court seeking a court order directing the Court of Appeal to hear his Writ application.

The Court of Appeal recently refused to issue notice on respondents in the writ application filed by Dissanayake that sought to prevent the Parliamentary General Secretary taking steps to fill the parliamentary seat falling vacant by his imprisonment. He sought to set aside the CA's order compelling the Court of Appeal to issue notice on the respondents.

Dissanayake stated among other matters that the Court of Appeal erred in law when the court held that he had satisfied all three pre-conditions in Article 89 (d) of the Constitution disqualifying the petitioner.

Dissanayake had made the application in the Court of Appeal on the basis that he verily believe that the first respondent Parliamentary Secretary General was taking steps to inform the second respondent Election Commissioner to have another person declared elected in the place of the petitioner on the grounds that the seat of the petitioner being vacated in terms of Article 66 (d) of the Constitution as a result of the petitioner had become disqualified under the Article 89(d) read with Article 91 (a) of the Constitution.

The Petitioner stated that he was not liable to be disqualified from being an elector within the meaning of Article 89 or any other Provisions contained in the Constitution and as such the respondents were not entitled in law to take steps under the Parliamentary Election Act.

Petitioner stated that he was serving a two year RI being convicted for the offence of Contempt of Court by the Supreme Court.

The petitioner sought to Writ of prohibition preventing the respondents from taking any steps to fill the vacanat seat in terms of the Act. Samararatne Associates filed the petition.