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Presidential Election Petition:
Allegations not substantiated - Commissioner
Wasantha RAMANAYAKE
Oppositional Presidential candidate General Sarath Fonseka's
Presidential Election petition could not be maintained since he had
failed to furnish material facts relevant to certain allegations, the
Elections Commissioner filing his preliminary objections to the
maintainability of the petition stated.
The Elections Commissioner who is the 22nd respondent to the petition
stated that the petitioner failed to furnish the relevant material facts
in proof of such allegations in terms of the Presidential Elections Act
and sought that the petition should be rejected in limine.
The Commissioner stated that although the petitioner has made certain
allegations that some of the respondents had falsely made statements to
the media prior to the Presidential Election the petitioner had entered
an agreement with the Tamil National Alliance (TNA) in support of his
candidacy, he had failed to furnish the material facts to that effect.
The Commissioner further stated that the petitioner had also made
allegations that some of the respondents made statements that the
petitioner could not be elected as the President even if got sufficient
majority votes since he was not a registered voter. The Commissioner
stated that no material facts had been placed before the court to in
proof of such allegations.
The Commissioner also stated that the petitioner was guilty of not
giving formal notice to the respondents as stipulated in the
Presidential Elections Act.
President Mahinda Rajapaksa in his objections sought the court to
reject the petition on the basis that the petition was misconceived in
law and that the relief asked for could not be granted.
Opposition Presidential Candidate Sarath Fonseka filed the petition
stating that the Presidential Election held on April 26 was marred with
malpractice and sought a declaration that he be declared as duly
elected. The petition will be heard before a Bench of five Judges on
September 13, 14 and 15. |
