SB Case:

Elections Chief’s decision stayed

Wasantha Ramanayake

The Supreme Court yesterday stayed the operation of the Elections Commissioner’s decision not to include the name of former Minister S.B. Dissanayake as an elector in the Electoral Register for Hanguranketha electorate until the final determination of his Rights Application against the Elections Commissioner.

The Bench comprised Justice Dr. Ms. Shirani Bandaranayake, Justice Saleem Marsoof PC and Justice Jagath Balapatabendi.

President’s Counsel Faiz Musthapa for the petitioner Dissanayake submitted that his client had requested the first respondent Elections Commissioner by a letter dated August 13 to include his name in the Electoral Register.

However, the first respondent informed the petitioner that he was unable to do so for seven years from December 7, 2004 until December 7, 2011 in terms of the Article 89 (d) of the Constitution since the petitioner was convicted and sentenced for two years RI by the Supreme Court for contempt of the Supreme Court.

The President’s Counsel argued that the conviction of the petitioner would not amount to a conviction by any court for an offence that would attract Article 89(d) and therefore the Elections Commissioner’s decision not to register the petitioner in the electoral register was in violation of his rights.

Senior State Counsel Viraj Dayarathne for the Elections Commissioner argued citing a judgment of a Bench of five judges of the the Supreme Court that conviction for a contempt of the Supreme Court is an offence where the court has the discretion to impose a sentence.

He argued that the discretion given to the court to decide on the sentence would amply demonstrate the grave nature of the offense.

He also submitted that that contempt of court had been a criminal offense earlier.

The petitioner cited Elections Commissioner and the Attorney General as respondents.

President’s Counsel Faiz Musthapa instructed by Gowry Thavarasa appeared for the petitioner.

Senior State Counsel Viraj Dayarathena appeared for the respondents.

The hearing was fixed for April 01, 2009.