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
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
The application was fixed for hearing for March 18.