FR application against Fonseka's candidacy:

Time granted for support

Wasantha RAMANAYAKE

The Supreme Court yesterday granted time to support the Fundamental Rights application filed against the candidature of National Democratic Alliance (NDA) Presidential Candidate Sarath Fonseka for March 18.

President's Counsel Manohara de Silva appearing for petitioner Presidential candidate Sarath Kongahage moved for time to support the application.

The Court allowing the application, fixed the case for June 14.

The petitioner cited General Sarath Fonseka, Elections Commissioner Dayananda Dissanayake, NDA Secretary Shamila Perera and the Attorney General as respondents.

The petitioner stated that the acceptance of the nomination of the first respondent by the Elections Commissioner was a violation of the petitioners Fundamental Rights under 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 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 Elections Commissioner to the candidature of first respondent Sarath Fonseka on the basis that he is a citizen of the United States of America when the first respondent submitted his nomination on November 17, 2009.

He stated that the Elections Commissioner overruled his objections on the ground that it was not within his powers to decide it on that stage and said the petitioner could petition to the judiciary.

The application will be mentioned on June 14.