Presidential Election petition:

Preliminary objection to be heard in September

Wasantha RAMANAYAKE

A Bench of five Supreme Court Judges yesterday fixed for hearing the preliminary objections taken by the respondents in respect of the maintainability of the petition challenging the Presidential Election held in January 26, for September 13,14 and 15.

The Bench comprised Chief Justice Asoka De Silva, Justice Dr. Shirani Bandaranayake, Justice K. Sripavan, Justice P.A. Rathnayake and Justice S.I. Imam.

President's Counsel D.S. Wijesinghe appearing for the first respondent, UPFA presidential candidate Mahinda Rajapaksa, told court that he had filed the preliminary objections in respect of the maintainability of the petition, yesterday.

Deputy Solicitor General Indika Demuni de Silva appearing for the Election Commissioner moved for one week time to file the Election Commissioner's preliminary objections.

Counsel Upul Jayasooriya for the petitioner, Opposition Presidential candidate Sarath Fonseka moved for two months time to file his counter objections since he has to respond to preliminary objections taken by 26 respondents.

President's Counsel D.S. Wijesinghe submitted that there is no provision in the Presidential Election Act to file counter objections. He also submitted that the application should be determined within six months.

The Court directed the counsel for the petitioner to file his objections one week before the hearing date.

The counsel for the respondents submitted that they filed their objections yesterday and would tender the copies to an agent of the petitioner.

The petitioner cited all Presidential candidates, the Election Commissioner, President's Counsel Razik Zarook, Attorney-at-Law Kalinga Indatissa, SLBC Chairman Hudson Samarasinghe and Wimal Weerawansa as respondents.

The petitioner also stated that the state media in violation of the election laws broadcast biased programs which adversely affected the final results that prevented him from being elected as the President.

President's Counsel D.S. Wijesinghe with Counsel Chandana Liyanapatabendi, Ali Sabry, Rasanga Harischandra instructed by Athula de Silva appeared for President Mahinda Rajapaksa. President's Counsel Nihal Jayamanne appeared for Presidential candidate Anura Liyanage.

President's Counsel S.S. Sahabandu and Dr. Jayatissa de Costa PC appeared for Battaramulle Seelarathane Thera. Gamini Marapana PC appeared for Razik Zarook PC. Manohara de Silva PC appeared for Presidential candidate Attorney-at-Law Sarath Kongahage. Counsel Kushan de Alwis appeared for Attorney-at-Law Kalinga Indatissa.

Counsel Priyantha Jayawardane appeared for SLBC Chairman Hudson Samarasinghe.

Senior Counsel S.L. Gunasekera appeared for NFF Leader Wimal Weerawansa.

The hearing of the preliminary objections was fixed for September 13,14 and 15.