August 25, 2019
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    Expanded five-judge SC bench to hear President’s query re PC polls Featured

    August 16, 2019

    The Chief Justice has nominated a fuller bench comprising five judges of Supreme Court to hear a reference application forwarded by President Maithripala Sirisena on Provincial Council elections. In his reference application, the President sought a determination from the Supreme Court whether the Provincial Council Elections can be held under the law that was in force prior to the enactment of the Provincial Councils Elections (Amendment) Act No. 17 of 2017.

    A five-judge-bench comprising Chief Justice Jayantha Jayasuriya, Justices Buwaneka Aluwihare, Sisira de Abrew,rasanna Jayawardena and Vijith Malalgoda will hear this reference application on August 23. Following the hearing, the Supreme Court’s determination over the reference application is to be communicated to the President before August 30.
    Issuing a special notice in this regard, the Registrar of the Supreme Court had requested the President of the Bar Association of Sri Lanka (BASL) to inform its membership about this reference application and convey the communication that the hearing for oral submissions of counsel would be held on August 23.President Maithripala Sirisena, in terms of Article 129 (1) of the Constitution had referred to the Supreme Court the following questions for its consideration. (a) In view of the Review Committee failing to submit its report to me in accordance with sub sections (13) and (14) of Section 3A of the Provincial Councils Elections Act No. 2 of 1988 as amended by Act No. 17 of 2017, whether, I, as President, can by proclamation forthwith publish the new number of electorates, the boundaries and names assigned to each electorate so created in terms of the report of the Delimitation Committee submitted to the Minster Assigned the subject of Provincial Councils? (b)Whether, the Provincial Councils Elections can be held under the Provincial Councils Elections Act No. 2 of 1988 as amended by Act No. 17 of 2017, once the Proclamation referred in (a) above is published? (c) Whether in the absence of such inability to hold such Provincial Council elections in terms of the present law, the said provincial council elections can be held under the law that was in force prior to the enactment of the Provincial Councils Elections (Amendment) Act No. 17 of 2017in view of section 6(2) of the Interpretation Ordinance?

     

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