December 10, 2019
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    SC sets Sept. 24 for petition to halt Elpitiya PS by-election

    September 21, 2019

    The Fundamental Rights petition filed by three voters seeking an Interim Order suspending the operation of the Gazette notification to hold the election for the Elpitiya Pradeshiya Sabha on October 11 was yesterday fixed for support by Supreme Court.The Supreme Court three-judge-bench comprising Justice Buwaneka Aluvihare, Justice S. Thurairaja and Justice Murdu Fernando fixed the petition for support on September 24.The petitioners eligible to vote at the Elpitiya Pradeshiya Sabha election sought an order restraining the respondents from holding an election for the Elpitiya Pradeshiya Sabha based on the nomination called for in 2017.

    The petitioners stated that holding of the Election based on the 2017 Nomination papers would also violate the franchise of the citizenry including the petitioners and will amount to an infringement and further imminent infringement of the petitioners’ Fundamental Rights guaranteed under Article 12(1)14(1)(a) of the Constitution. The petitioners stated that it is likely that several other candidates nominated in 2007 may no longer be resident within the limits of Elpitiya Pradeshiya Sabha and even if elected would be disqualified from holding office on the basis of their residence. The petitioners named the Galle District returning officer, Election Commission Chairman and members of Election Commission as respondents.Counsel Suren Fernando appeared for the petitioners. Additional Solicitor General Indika Demuni de Silva appeared for the respondents.

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