FR petition on national list- Amended caption by Sept.10

Published : 8:22 am  September 1, 2015 | No comments so far |  | 


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By S.S. Selvanayagam
Former parliamentarian who challenged the UPFA national list appointment was yesterday granted time till September 10 by the Supreme Court to file an amended caption. The Bench comprised Chief Justice K. Sripavan, Justices Priyantha Jayawardane and Anil Gooneratne.sdg

Former MP from the Mahajaha Eksath Peramuna (MEP) which is a constituent of the United People’s Freedom Alliance (UPFA) yesterday filed a fundamental rights petition challenging the UPFA national list appointments to parliament.

Petitioner D.D. Somaweera Chandrasiri cited Elections Commissioner Mahinda Deshapriya, UPFA General Secretary Vishwa Warnapala, former General Secretary Susil Premajantha, Parliament Secretary General Dhammika Dasanayake, the Attorney General and some others as respondents.

Manohara de Silva PC appeared for the Petitioner while Faisz Musthapha PC, Saliya Peiris, Pulasthi Rupasinghe, Shantha Jayawardane, Mehran Careem and Shara Fazar appeared for some of the respondents. Deputy Solicitor General Indika Demuni de Silva appeared for the Elections Commissioner and the Attorney General. The petitioner said the UPFA is an alliance of five political parties — MEP, DVJP, SLMP, SLFP and EPDP and that from its inception the alliance had functioned in a transparent and democratic manner and all decisions were taken and appointments made with the consensus of the constituent parties.

“Prior to the general elections, UPFA members started to behave as two rival fractions on the basis of their apparent allegiance expressed either to the incumbent President or the former president,” he said.

Mr. Premajantha in his capacity as the then UPFA general secretary submitted a list of names including that of the petitioner in the national list. “Prof. Vishwa Warnapala was later appointed by the incumbent President as UPFA general secretary and he acted in an arbitrary and capricious manner against the democratic rights and interest of the constituent parties,” the petitioner said.

He said Prof. Warnapala later submitted another set of names through the national list with some of those who were defeated at the election. The petitioner is seeking Court for a declaration that he is entitled to be nominated as qualified to be elected as a member of the parliament based on the list submitted at first. He is also seeking the Court to cancel and/or quash the declaration made by the Elections Commissioner to the effect that persons in the 2nd list are qualified to be appointed to parliament.