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Kongahage case against Fonseka:

Fixed for support on March 18

The Supreme Court yesterday fixed for support the Fundamental Rights application filed against the candidature of the National Democratic Front (NDF) Presidential Candidate Sarath Fonseka, for March 18.

The counsel who appeared for petitioner Presidential candidate Sarath Kongahage moved for time to support the application.

The Court allowing the application fixed it for support for March 18.

The Petitioner cited Retired General Sarath Fonseka, Election Commissioner Dayananda Dissanayake, NDF Secretary Shamila Perera and the Attorney General as respondents.

The petitioner states that the acceptance of the nomination of the first respondent by the Election Commissioner is a violation of the petitioners Fundamental Rights under the Article 12 (1) of the Constitution.

The petitioner sought a declaration by Court that his Fundamental Rights has been violated by the respondents and a declaration that the first respondent is thus disqualified to tender his nomination.

He also sought a declaration that the acceptance of the nomination of the first respondent to the office of the President is contrary to the provisions of the Constitution.

The petitioner also sought a declaration that the election of the first respondent would be null and void in the event if he declared elected as the President of the country.

The petitioner stated that he had taken up objection with the second respondent Election Commissioner to the candidature of first respondent Sarath Fonseka on the basis of that he is citizen of the United States of America when first respondent submitted his nomination on November 17, 2009.

The application was fixed for hearing for March 18.

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