Colombo, August 22- The Supreme Court five-judge-bench headed by Chief Justice Jayantha Jayasuriya today ordered the Election Commission to make the necessary arrangements to hold the Local Government elections at the earliest possible date.
The Supreme Court further held that the Fundamental Rights of the petitioners and the citizens of the country have been violated by the authorities including Minister of Finance, the Election Commission and the Attorney General by not holding the Local Government elections that were scheduled for March 9 last year.
The Judgement says that:
- The Executive Branch of the State represented by Honourable Attorney General is liable for infringement of the fundamental right guaranteed under Articles 12(1) and 14(1)(a) of the Constitution for not holding Local Government Election 2023.
- The impugned acts and omissions of the Chairman and the members of the Election Commission who held office during the period of time relevant to these applications (for ease of convenience, Nimal Punchihewa, S.B.Divaratne, M.M.Mohamed, K.P.P.Pathirana and P.S.M. Charles) had resulted in the infringement of the fundamental right guaranteed under Article 14(1)(a) of the Constitution for lack of proper planning and managing the process and for not using its powers to issue
appropriate directions. - The impugned acts and omissions of H.E. the President who is also the Minister of Finance that were impugned by making these applications against the Honourable Attorney General had resulted in the infringement of fundamental rights guaranteed under Articles 12(1) and 14(1)(a) of the Constitution due to arbitrary and unlawful conduct explained in this judgment which resulted in the non-holding of the Local Government Elections 2023.”
The Supreme Court five-judge-bench comprising Chief Justice Jayantha Jayasuriya, Justice Vijith Malalgoda, Murdu Fernando, Gamini Amarasekara and Yasantha Kodagoda delivered this judgment pertaining to four Fundamental Rights petitions filed seeking an order directing the authorities to hold a free and fair Local Government elections.
These petitions had been filed by Samagi Jana Balawegaya (SJB) General Secretary Ranjith Madduma Bandara, National People’s Power (NPP) Parliamentarian Harini Amarasuriya, the Centre for Policy Alternatives and the People’s Action for Free and Fair Elections (PAFFREL).
The petitioners filed these petitions naming Treasury Secretary Mahinda Siriwardena, the Attorney General, the Election Commission and several others as respondents.
President’s Counsel Upul Jayasuriya appeared for SJB General Secretary Ranjith Madduma Bandara, while Nigel Hatch PC appeared for Harini Amarasuriya. Viran Corea PC appeared for the Centre for Policy Alternatives, Senior Counsel Asthika Devendra appeared for PAFFRAL, Saliya Pieris PC appeared for the Election Commission and Additional Solicitor General Nerin Pulle appeared for the Attorney General.
The Judgement: Local governmant SC decision