CA dissolves interim order against LG Gazette

Published : 9:00 am  December 1, 2017 | No comments so far |  | 

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Petitioners agree to withdraw petitions challenging the Gazette

 

By S.S.Selvanayagam   

The Court of Appeal yesterday (30) dissolved the Interim Order which stayed the operation of the said Local Government Polls Delimitation Gazette, after the counsel for the petitioners stated that they would withdraw the petitions.

The Bench comprising Justices L.T.B.Dehideniya (President/CA), Kumudini Wickramasinghe and A.L.S.Gooneratne permitted the move by the petitioners to withdraw their petitions and terminated the proceedings without costs.   
When the Writ application was taken up yesterday, the Counsel for the Petitioners moved to Court to withdraw the petitions in view of the undertaking given by the Minister that elections were called in the national interest.   


Attorney General Jayantha Jayasuriya pleaded the Court to vacate the Interim Order and allow the petitioner to withdraw the petition as well as to terminate the proceedings without costs.   


Attorney General on November 27 filed a motion in the Court of Appeal seeking to call up the matter yesterday (November 30) the Writ petition challenging the gazette notification dated February 17, 2017 on the delimitation amending the boundaries, number of members and the constituent parts of wards in respect of the Local Authorities.   In his motion, he had pleaded the Court to vacate the Interim Order and dismissed the petition as Petitioners have no locus standi and necessary parties namely Election Commissioner is not made a party and it is out of jurisdiction and that Elections Commissioner had already called for 93 local government bodies out of total 133 seats.   Only the remaining 40 seats in dispute and if the election is not held in these local government bodies, franchise of the people would have been denied, he pointed out.   

 

  • When the Writ application was taken up yesterday, the Counsel for the Petitioners moved to Court to withdraw the petitions in view of the undertaking given by the Minister that elections were called in the national interest.   
  • Court of Appeal on November 22 issued an Interim Order staying the operation of the said Gazette notification and also issued notices on the Minister and the Ministry Secretary returnable for December 4


Court of Appeal on November 22 issued an Interim Order staying the operation of the said Gazette notification and also issued notices on the Minister and the Ministry Secretary returnable for December 4. Pursuant to certain purported recommendations of the five member National Delimitation Committee headed by its chairman Ashoka Peiris, the Minister has by Gazette notification dated l7th February 2017 has effected the amendments by amending the boundaries, number of members and the constituent parts of wards in respect of the Local Authorities.   


Attorney General on November 16 raised preliminary objection on the maintainability of the Writ Petition seeking to quash the decision of the Minister of Provincial Council & Local Government Faizer Musthapha.   
When the Writ petition challenging the gazette notification of the Minister of Provincial Councils and Local Government Faizer Musthapah was taken up on November 16 in the several parties namely UNP, Sri Lanka Podujana Peramuna, JVP, PAFFREL, Caffe, and Eksath Jathika Nidhahas Peramuna indicated their intention to intervene to oppose the original Petition.   


Deputy Solicitor General Arjuna Obeysekera appeared for the Respondents the Minister and the Ministry Secretary had raised the objection on the ground of time limit that the petition has been filed after 9 months and the petitioners has no locus standi (the right or ability to bring a legal action to a court of law, or to appear in a court), there is no necessary parties in the petition namely Election Commission etc.   


Petitioners W.D.G.Wijeratne (Kandy District), T.Sirisena Fernando (Colombo District), R.K.M.Karuatilake Kumara ( Kurunegala District), D.K.Ariyaratne( Badulla District), J.K.Rajapaksha Senadheera( Ratnapura District), P.H.Yohan Dhanushka(Matara District) cited Minister and the Ministry Secretary as Respondents.

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