Presidential polls petition to be called July 5

Wasantha RAMANAYAKE

The Presidential Election petition filed by Opposition presidential candidate Sarath Fonseka will be called before a Bench of five Supreme Court Judges on July 5, Supreme Court sources said.

This decision was taken yesterday at a meeting presided over by Chief Justice Asoka de Silva when he met representatives of the parties to the petition in his chambers in the Courts complex, Court sources said. Chief Justice de Silva had directed the representatives to file preliminary objections if there would be any with regard to the maintainability of the petition July 5.

The court would then grant time for the counter objections, the Chief Justice had said.

The five judge Bench will comprise Chief Justice Asoka de Silva, Dr. Shirani Bandaranayake, Justice K. Sripavan, Justice P.A. Rathnayake and Justice S.I. Imam. The Bench was earlier appointed by the Chief Justice.

Opposition presidential candidate Sarath Fonseka filed the petition before the Supreme Court seeking a determination that he be duly returned as the President of the country.

The petitioner among the other matters stated that the election held on January 26 was not free and fair and marred with corrupt practices, general intimidation and thereby the majority of voters were prevented from casting their votes in favour of the petitioner thus the final result could have been affected.

The petitioner also sought a Court declaration that the election of the first respondent Mahinda Rajapaksa was void and his return was undue.

He also sought an order for scrutiny of all the ballots cast, by the Election Commissioner in the presence of all the respondent candidates or their agents. The petitioner cited all presidential candidates, the Election Commissioner, two attorneys Kalinga Indatissa and Razik Zarook, SLBC Chairman Hudson Samarasinghe and Wimal Weerawansa as respondents.

Attorneys-at-Law Ronald Perera with Asoka Samararatne and several others represented the petitioner. President's Counsel D.S. Wijesinghe, Nihal Jayamanne and D.P. Mendis with Attorney-at-Law Rasanga Harischandra and several others represented President Mahinda Rajapaksa.

A large number of Attorneys-at-Law represented the other presidential candidates who were made respondents in the petition. The petition will be mentioned on July 5.