Matale UNP candidate’s F/R case dismissed

The Supreme Court yesterday refusing to grant the Leave to Proceed, dismissed the Fundamental Rights application filed by UNP Candidate Rohana Bandaranayake.

The Court dismissing the application noted that there was no basis to inquire into the alleged violation.

The Bench comprised Justice Dr. (Ms) Shirani Bandaranayake, Justice Chandra Ekanayake and Justice S.I. Imam.

President’s Counsel Romesh de Silva submitted that petitioner had contested the 2004 General Election for the Matale District under the UNP list and obtained the fourth most number of preferential votes after Alick Aluvihare, Ranjith Aluvihare and Nandimithra Ekanayake.

The Counsel submitted that following the demise of UNP Parliamentarian Alick Aluvihare, the petitioner had entertained reasonable suspicion that the Elections Commissioner would appoint Central Provincial Council Chief Minister and UPFA member Nandimitra Ekanayake who had ceased to be a UNP member.

The petitioner cited Matale District Returning Officer in 2004, the Elections Commissioner, Central Provincial Chief Minister Nandimithra Ekanayake and the Attorney General as respondents.

The petitioner sought a declaration that there was a imminent infringement of his rights in case Nandimitra Ekanayake would be appointed as a Parliamentarian to fill the vacancy created by the demise of UNP MP Alick Aluvihare.

President’s Counsel Romesh de Silva appeared for petitioner.

Senior State Counsel Nerin Pulle appeared for the respondents.