AG Urges SC to Dismiss Petition Delaying Presidential Election

COLOMBO (News 1st); The Attorney General has requested the Supreme Court to dismiss the petition filed to delay the Presidential Election citing that the fundamental rights of the petitioner have not been violated as described in the petition.

The petition filed with the Supreme Court seeking an order preventing the Elections Commission from holding the Presidential Election, until a determination is given on the President's tenure, was taken up for consideration in the presence of a five-judge bench.

During the proceedings this morning (8), the Attorney General informed the Supreme Court that the term of the president is five-years. 

The petition is taken up for consideration in the presence of a five-judge bench led by Chief Justice Jayantha Jayasuriya.

The other members of the bench are Justices Vijith Malalgoda, Murdhu Fernando, P. Padman Surasena, and S. Thurairajah.

The Petition: 

A FR petition was filed before Supreme Court seeking an order preventing the conducting of a presidential election until the court interprets when the election can be held.

The petition highlights a crucial oversight in the 19th constitutional amendment, specifically in section 30 (2), which pertains to the presidential term of office. 

It brings to light the fact that this particular section has not been appropriately amended in accordance with the provisions laid out in article 82 (6) of the Constitution.

Article 82 of the Constitution specifically addresses the process of amending the Constitution.

Furthermore, the petition underscores how the failure to adhere to Article 82 (6) of the Constitution during the amendment of Article 30 (2) not only violates the sovereign power of the people but also undermines the integrity of the Constitution itself.

The petitioner states that the protection of the constitution in a situation like this totally lies with the jurisdiction of the Supreme Court.

The petition added that the Supreme Court's decision on the petition will be a major lesson to the lawmakers to refrain from making haphazard changes to the constitution, which is not a play dough.

The petitioner seeks an interim order restraining the respondents from taking action, further steps in terms of conducting a Presidential Election in 2024 until the Supreme Court completes the determination of the application.

He also seeks an order that the Election Commission shall hold the next Presidential Election taking into account the term of the office of the President is 6 years.

Commission General of Elections Saman Sri Ratnayake, Chairman and members of the Election Commission, and the Attorney General have been named as respondents in the application.