President’s second term begins Nov 19, 2010

Sarath Malalasekara

The Supreme Court has ruled that President Mahinda Rajapaksa will commence his second term on November 19, 2010, informed sources said. The President will take oaths within two weeks from November 19, 2010, the sources said.

The ruling follows an application made by President Rajapaksa seeking a determination from the Supreme Court on the commencement of his second term.

The determination was arrived at by the full Bench of seven Supreme Court Judges presided over by Chief Justice Asoka de Silva. President Rajapaksa on Monday consulted the Supreme Court under Article 129 of the Constitution for its opinion on the commencement of President’s second term in office.

Attorney General Mohan Peiris, PC submitted that in terms of the Article 31 of the Constitution, the second term of President Mahinda Rajapaksa should commence on November 19, this year.

He submitted that President Rajapaksa was first elected to the office in November 19, 2005.

And he could seek a mandate for the second term after the completion of four years in office and now he has been re-elected for another six years.

He submitted that according to the Third Amendment to the Constitution brought in during the regime of former President J.R. Jayewardene, in case of the incumbent President being re-elected for the second term, his/her term should begin in the current or succeeding year which ever comes earlier, corresponding to the date on which he was first elected to the office.