LG Poll: Court dismisses UNP's writ application
 

Wasantha Ramanayake

COLOMBO: The Court of Appeal yesterday dismissed the writ application filed by the UNP General Secretary that sought to hold the Local Government Election in terms of the new 2005 electoral register.

The dismissal was sequel to an application by President's Counsel K.N. Choksy, the counsel for the petitioner UNP General Secretary N.V.K.K. Weragoda, to withdraw the matter in view of the objections raised by the state counsel.

State Counsel N. Pulle raised objections to the petitioner's application for the interim relief i.e. to postpone the election until the completion of the 2005 electoral register. He pointed out that the petitioner had failed to pray for such interim relief in his original petition.

Justice K. Sripavan noted that the court had issued notice on the Election Commissioner after being satisfied by the submissions made by the President's Counsel on the original petition and the affidavit. The court queried as to how it could grant a relief that had not been prayed for in the petition of the petitioner. The President's Counsel insisted that court should hear his submissions on the application of interim relief since there was a substantive case before the court.

He submitted that the objection could not defeat the purpose of the application. However, the court was not agreeable with his submissions.

President's Counsel K.N. Choksy moved to withdraw the application and made another application to file a fresh application and affidavit before 4 p.m on Tuesday.

The court allowed the application for the withdrawal and dismissed the case. The court noted that it would consider the fresh application today at 2 p.m. if the petitioner would file the application before 4 p.m. with notice to the respondents.

The Bench comprised K. Sripavan and Sisira de Abrew.

Petitioner UNP General Secretary N.V.K.K. Weragoda cited the Election Commissioner as the respondent. The petitioner stated that the Election Commissioner was making preparations to hold the election in terms of the 2004 electoral list which had deprived many from voting in the last Presidential Election. He submitted that in case the Local Government Election is also held on the same basis many would be disenfranchised.

President's Counsel K.N. Choksy appeared for the petitioner.

Senior State Counsel N. Pulle appeared for the respondent.