Moneragala nomination fiasco:

Tissakuttiarachchi stays removed

Wasantha RAMANAYAKE

The Supreme Court yesterday dismissed the rights application filed by Janaka Priyantha Tissakuttiarachchi against the removal of his name from the Moneragala District UNP nomination list for the forthcoming general election.

The Court noted that there is no basis to hear the petitioner’s application.

The Court also noted that the petitioner could have raised the objections during 90 minutes period allocated for the purpose after the handing over of the nominations.

Justice Dr. Shirani Banadaranayake noted that there is no legal provision for the court to grant the relief sought by the petitioner i.e. to insert petitioner’s name in the nomination list or reject the whole nomination list of the UNP.

The Bench comprised Justice Dr. Shirani Bandaranayake, Justice P.A. Ratnayake PC and Justice Chandra Ekanayake.

Petitioner’s counsel Saliya Pieris submitted that the petitioner signed his nomination paper in front of the third respondent UNP General Secretary, the party leader and the deputy leader.

The counsel submitted that the nomination paper was handed over by the fourth respondent District Leader Ranjith Maddumabandara along with two others.

He submitted that the petitioner’s name had been deleted and another name, who was not an active member of the UNP, had been inserted in place of the petitioner’s name.

He submitted that he could not object to the UNP nomination paper during the 90 minutes period since he was out side the premises and only three persons were allowed to get inside the premises from each party.

The Counsel submitted that all three persons including the district leader got together to remove his name from the nomination list.

He also submitted that although first respondent Election’s Commissioner had been duly informed of the forgery, no action has been taken with regard to the forged nomination list. Notwithstanding the complain Elections’ Commissioner is taking steps to hold the election for the Moneragala District.

Deputy Solicitor General S. Rajaratnam for Attorney General and the Election Commissioner submitted that the petitioner had ample time to object to the nominations paper at the given time.

The DSG also informed the court that the Elections Commissioner is in the process of holding the postal voting in the coming week.

He also submitted that there is no legal provisions to grant the relief sought by the petitioner.

Counsel Ronald Perera appearing for UNP General Secretary Tissa Attanayake submitted that his client informed the Election’s Commissioner of the forgery but the Election’s Commissioner had failed to take any action. The counsel, however, objected to the the rejection of the whole of the UNP nomination list for the Moneragala District.

He submitted that Police is inquiring into the incident.

Counsel Uditha Egalahewa appeared for fourth respondent.