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Supreme Court rules :
Presidential Poll this year
BY Sarath Malalasekera and Wasantha Ramanayake
THE Supreme Court yesterday ended the controversy surrounding the
date of the next Presidential Election, ruling that it should be held
this year.
The Five - Judge Bench of the Supreme Court allowing the Fundamental
Rights application of the Jathika Hela Urumaya (JHU) directed the first
respondent Elections Commissioner to take steps to hold the election in
the current year in terms of the Article 31 (3) of the Constitution and
the applicable law.
The Supreme Court yesterday held that the second term of the
President in office should begin with the declaration of the results of
the Presidential Election for a period of six years.
The Bench comprised Chief Justice Sarath N. Silva PC, with Justice
Nihal Jayasinghe, Justice Nissanka Udalagama, Justice Nimal Dissanayake
and Justice Nimal Gamini Amaratunga.
The Chief Justice delivering the judgement with the other four judges
agreeing interpreted the ambiguous Amended Article 31 (3A) (d) (i) the
Third Amendment to the Constitution, with regard to the commencement of
the second term of the President on the basis that the President would
hold office for a "period of six years commencing on the date on which
the results of the election is declared, being in the present case
December 22, 1999."
The Chief Justice delivered the 24 page type-written judgement amid
pin-drop silence for nearly 45 minutes in a court-house packed with
lawyers and others. Tight security prevailed in and around the
court-house during the proceedings.
Petitioner Ven. Dr. Omalpe Sobhitha cited Elections Commissioner and
the Attorney General as the respondents.
The petitioner stated that he had learnt that the first respondent
was taking steps to hold the Election in the next year. He stated that
the failure to hold the election in 2005 would be unlawful and in
violation of the rights of the petitioner.
Manohara de Silva with W.D. Weeraratne, Udaya Gammanpila, Govinda
Jayasinghe, K.H.C. Kahandawela and N. Perusinghe appeared for the
petitioner Ven. Dr. Omalpe Sobhitha Thera, the general Secretary of the
JHU.
Elmore Perera with Shariff A. Navaz appeared for the Elections
Commissioner. Second respondent Attorney General K.C. Kamalasabayson PC
appeared with Deputy Solicitor General Jayantha Jayasuriya and Nerin
Pulle.
President's Counsel H.L. de Silva, with President's Counsel Nigel
Hatch, Chanaka de Silva and Gaston Jayakody, M.A. Sumanthiran with Viran
Corea and Aravinda Athurupana with Kamal Nissanka made submissions as
amicus curiae.
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