SC rejects FR application against polls chief

Wasantha Ramanayake

The Supreme Court yesterday rejected the Fundamental Rights application against the Elections Commissioner performing the functions of the Election Commission filed by UNP Chairman Gamini Jayawickrama Perera.

Rejecting the petition, the Court observed that in terms of an earlier decision of the Supreme Court the Election Commissioner could perform the functions of the Elections Commission until the re-constitution of the Constitutional Council.

The Bench Comprised Justice Nimal Gamini Amaratunga, Justice P.A. Rathnayake PC and Justice Ms. Chandra Ekanayake.

The petition also sought an interim relief preventing the Elections Commissioner from holding the forthcoming Provincial Council elections in connection with the Central and the North-Western Provincial Councils until the final determination of the rights application that sought the re-appointment of the Constitutional Council currently pending before the court.

Senior State Counsel Nerin Pulle citing a Supreme Court judgment in a Fundamental Rights application by the Elections Commissioner seeking retirement, submitted that the court had held the Commissioner should continue until the Elections Commission is constituted.

Counsel A.P. Niles for the petitioner submitted that the respondent Elections Commissioner purportedly perform the functions of the Elections Commission in violation of the rights of the petitioners and the people of the country.

He submitted that in terms of the 17 Amendment to the Constitution the Elections Commission had the power to hold elections and the Commissioner could not continue to do so.

Counsel A. P. Niles appeared for the petitioner.

Senior State Counsel Nerin Pulle appeared for the respondent commissioner.