25 October, 2020

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Elections Commission Member Challenges Dissolution Of Parliament In Supreme Court

In an unprecedented move, a member of Sri Lanka’s independent Elections Commission has challenged President Maithripala Sirisena’s dissolution of Parliament in the Supreme Court.
Prof. S. Ratnajeevan H. Hoole, a member of the three man Commission chaired by Mahinda Deshapriya filed a fundamental rights petition in the country’s highest court claiming that the sacking of Parliament was illegal – and that this was the view of all three members of the Commission.

Prof. S. Ratnajeevan H. Hoole

His petition joins at least 11 others filed at Supreme Court on Monday morning, the moment the courts opened for work after the Friday midnight dissolution.

Dr Hoole’s petition cites the two other members of the Elections Commission – Deshapriya and Nalin Abeysekera – a former Legal Draftsman, the Attorney General and the Secretary to the President Udaya Seneviratne.

His petition is filed under Article 17 of the Constitution read with Article 127.

On Saturday when the Commission met for the first time after the President’s illegal sacking, Hoole flatly refused to sign the order directing Commissioner General of Elections to begin preliminary administrative work on holding the polls.

Sources said Hoole declined to sign stating that since the dissolution of Parliament was illegal and unconstitutional, there were no seats vacant for the Commission to hold an election to fill.

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Latest comments

  • 67
    5

    Your stance on the issue of national importance, where this illiterate, ill advised buffoon has chosen to disenfranchise the nation, the majority of the people of this country at whose behest this village jackdaw got to occupy the chair of the President of the Republic, is greatly lauded and admired.

    We need more principled, literate, young minds to come forward as this nations future leaders. For generations if not decades we have only heard the same names in politics of Sri Lanka. We need a change in the career politicians – such as the many dinosaurs that either get elected or appointed.

    Much was expected from the Chair of the EC – but may be his silence now, after much flaunting as reported in the press of EC seeking the direction of the Supreme Court – is a stark reminder how forthright people are silenced under the MR culture which reigned SL in the not so distant years gone by. We certainly don’t need that any more. He was booted out and he shall remain so.

    Wonder who is check mated. Why are all the SLFPers leaving the party and seeking refugee or membership in SLPP? MR is laughing all the way to the polls having taught the traitor – MS a damn good lesson/licking?

    • 18
      0

      Clear and very relavant piece of writing at this crucial juncture. Well said

    • 17
      3

      Sir,
      This is what impeccable integrity and backbone look like.
      Prof. Ratnajeevan Hoole for President!

    • 10
      2

      Thanks, Prof. Hoole.

      .
      The first thing I’ve seen on landing at Katunnayake

  • 67
    6

    Its great to have honest menlike Dr Hoole. Well done Sir

    • 24
      2

      Sir., you are a great gentleman.

  • 0
    0

    This comment was removed by a moderator because it didn’t abide by our Comment policy.For more detail see our Comment policy https://www.colombotelegraph.com/index.php/comments-policy-2

  • 29
    3

    Sir Prof please try to safeguard rights of the people n laws of the country. It is said you are against tamils rights living in SL for various reasons. Hats off sir

  • 4
    73

    Bloody Tamils!!

    • 28
      3

      It is shame you are bringing race into this. He is trying to safe guard the rights of yours , mine and the future generations Sri Lanka. He will go down in history as bravery man who got the courage to challenge the Executive. where as the elected members in bed with executive.

    • 8
      0

      Sinhalaking!
      No one can blame you, because you appear to be descendant of the Sinhala Kings who killed their siblings and father to capture power.

    • 0
      0

      Hope you can’t think & write anything more than this.

    • 5
      0

      Sinhalaking
      Prof Hoole, like any Sri Lankan national, whether Sinhalese, Tamil, Muslim, Burgher or any other, is asserting his right to appeal to the Supreme Court, or any other court for that matter, to resolve a conflict that he may have. So it is confusing why you would want to call him a Bloody Tamil, or a bloody anything. Your utterance cannot be that of an informed or educated Sinhalese. It is the expression of an illiterate, an idiot, someone who is lower down than a piece of dog shit. Attempt to educate yourself. You may then be able to write something that makes sense.

  • 3
    23

    We are so frustrated over the government officers like this election commission we appointed and nurtured with our money as they are worried now only about their own stomachs and not the justice and fairplay in this country. What an unfortunate country is this.

  • 5
    32

    Calling an Election is to test the right choice of the people. Having observed, law makers been exchanged for money, starting from no confidence motion placed against the former Prime Minister and now till change of new Prime minister. The law cannot deviate from one end from appointing Wickramasinghe against DM Jayaratne or and, Wickramasinghe alias Rajapakse in the same version. Incidentally the Speaker given his position as accepting former as the head of cabinet. So its the best option, calling for public mandate. after all previous administrators had an allergy, to call for public choice.

  • 25
    1

    Being a citizen of a sovereign state called Democratic, Socialist, Republic of Srilanka have the right and need to know as to where our country stands at this juncture, in order to find clarity and iron out ambiguity in our legislature on this constitutional crisis.
    As such there’s utmost faith & trust in our Supreme Courts to resolve same as the first step forwards.

  • 3
    26

    Calling an Election is to test the right choice of the people. Having observed, law makers been exchanged for money, starting from no confidence motion placed against the former Prime Minister and now till change of new Prime minister. The law cannot deviate from one end from appointing Wickramasinghe against DM Jayaratne or and, Wickramasinghe alias Rajapakse in the same version. Incidentally the Speaker given his position as accepting former as the head of cabinet. So its the best option, calling for public mandate. after all previous administrators had an allergy, to call for public choice.

  • 34
    2

    I take off my hat (actually the woolen shawl wrapped around my head) to you Dr. Hoole!

  • 30
    5

    Dr Hoole is a principled Government Servant who understands the duty of serving the people who are the masters, not these stupid village bums who are occupying the seats of power having no clue of their responsibilities.
    This is why we need the independent commissions to appoint all state officials including Government agents, Permanent secretaries to ministries and senior civil servants.

  • 41
    7

    Professor Hoole deserves the nation’s gratitude for his courage, inspiration, initiative and intellectual authenticity in strictly upholding the rule of law under the constitution. At a time when monstrously evil unscrupulous totally dishonest politicians are on the rampage driven by naked ambition and the greed for power, the country needs more men of principle like Professor Hoole who will stand in the breach and cry out withthe great reformer Martin Luther ” . . . to go against conscience is neither right nor safe. Here I stand, I can do no other, so help me God. Amen “

    • 13
      2

      Prof. Asoka
      Brilliant.Concience is consistent consciousness to be conciliatory to be concerned about being correct.

  • 4
    26

    Anglican elements in the TNA are hedging their bets on UNP without realizing that very soon it will be Karu Jayasuriya/Navin Dissanayake who will take over the Party. MR will look a liberal then though his Buddhist credentials might be an eyesore for them. TNA is either being misled or putting the whole community at risk for personal benefits. Legitimising or giving credibility at this stage to any Party is ill advised to say the least. Elements in India (part of the old establishment are no doubt directing this).

    • 16
      3

      Don’t mixup TNA here. If you don’t know politics, go and sleep. Narrow minded people like you never leave the country to develop.

  • 0
    7

    NIC : do not get your animosity towards MR get mixed up with your emotions
    MR got booted and let him remain so. He only seeks another election.
    MR is laughing all the way to a polls like Ranil laughed all the way to the Bank after looting CB.

    While acknowledge Dr. Hoole’s decision taken according to his conscience.
    This issue is a home and home clash between UNP supported President and PM Ranil.

    Just be like Dr. Hoole, unbiased in your comments. MR has no direct dealings to the issue.

  • 23
    3

    This is the best story I’ve heard in the last two weeks. All the so called independent commissions and their commissioners kept a mum on this unconstitutional thuggery in this country so far along with the toothless and spineless constitutional commission and its members.
    I thought there is no hope in Sri Lanka until now. We need more brave men and women to stand up against the tyranny of the executive.
    Hats off to Prof. Hoole.

  • 20
    3

    Just examine the photographs of the two members of the election commission, Professor Ratnajeevan H. Hoole and Mr Mahinda Deshapriya . Professor Hoole seems a real gentleman and looks like a principled man. He has taken this decision to stop the the “PISSU PRESIDENT” taking more PISSU decisions which will be disastrous to the country.

  • 24
    2

    You’re a real Hero sir@! All demcratic loving srilankans gratitude!!

  • 15
    0

    MP for sale to the highest bidder.

  • 15
    0

    We salute your bravery in this needy hour Prof. Hoole.

  • 10
    1

    S. Ratnajeevan H. Hoole – watch out for white van

  • 12
    2

    Well done Mr Hoole .we can proud of you.

  • 12
    2

    We need people like you safe guard our country from theives

  • 13
    3

    Very admirable and courageous stand Ratnajeevan.
    Nalin Abeysekera was a one-time Legal Draftsman.He must be knowing these clauses in the Constitution backwards and forwards.An old Thomian he was also in the college Boarding in the 1950s.

    • 0
      0

      [Edited out] writing in capital letters are discouraged -CT

  • 5
    19

    Dear Professor Hoole,

    You should be embarrsaed to submit this petition as an Educated Professor. I noted that you worked in the USA. So that you should be aware of the US Practices. They hold the presidential elections every four years. In Australia, they hold the elections-Parliamentary in every three years. That is the democracy and good governance. The best dose of democracy is the parliamentary elections. We want an election in January 2019.

    We as public need an election in January, 2019. You as a member of the Eleciton Commision should preserve the people’s right not the UNP”, JVP and TNA and some NGO Rights.

    Best dose of democracy is the election. Then we can give a report card as a performance indicator for the previous UNP government.

    • 5
      0

      Sunil,
      Are you a relation of Jimsofty aka JD, the famous toilet operator from Canada?

    • 4
      0

      We want an election at the right time and in accordance with constitutional provisions, not when the first jackass of the country deems it necessary for his political survival.

    • 1
      0

      Mr. Dahanayake,

      If the goal was to seek fresh elections, that should be done the correct way, in keeping with the constitution. MS was a party to the 19th amendment and cannot violate it giving some flimsy and fake reasons like someone trying to kill MS, or that the Speaker was trying to prevent MS from speaking in the parliament.

      The old rule was the President had to wait at least a year. The new rule is that he has to wait at least 4.5 years. Of course those who drafted the 19th amendment could have done it in a better way to take all ambiguities out. But courts would look for the ‘intent’ of parliament when it brought the law, and an apolitical court will uphold the rights of the petitioners.

      Dr. Hoole is doing the right thing to take it to the SC.

    • 0
      0

      Yes, “best dose of democracy is the election” but not under this illegal unethically and hurriedly formed government of Mahinda Rajapaksa and his illegal cabinet.

  • 0
    5

    The ‘tie coat’ distinguishes him. Let’s note that well.

  • 1
    1

    Senior Ben,
    ‘Legitimising or giving credibility at this stage to any Party is ill advised to say the least. Elements in India (part of the old establishment are no doubt directing this)’.

    You have hit right on the nail head and my thanks to you for that final lines. in your comments.

    When there is lot of horse trading and foreign monies trying to demean the peoples’ franchise, what harm if we go to the polls and make the public to decide who is the villain in this Drama?

  • 2
    3

    Regardless of my political views I am bound to accept the decision of the Supreme Court. , whether the ruling is constitutional or not. After all, I am just a citizen, not a President.

    Has the President been ill advised? Is he bluffing? My guess is he must hacve found a loophole in the law.

  • 4
    0

    Respect !!

  • 7
    9

    Where was this frucker when yahapalanaya kept postponing PC elections for for years? When did this moosalaya get up?

    He is expressing gratitude, like Wickramabahu, for giving his uni job back with arrears.

    This will be another ‘protestant’ case to be thrown out by the supreme court.

    Down with hypocrisy.

    • 1
      1

      “He is expressing gratitude, like Wickramabahu, for giving his uni job back with arrears.”

      In which Sri Lankan University is or was Professor Ratnajeevan Hoole reinstated?

      This comment is delusional or the man under the influence.

      Falsehood has become cheap these days for political gain.

    • 4
      0

      No one is challenging the election which is the result of the dissolution of the parliament
      what is illegal is the dissolution of the parliament – and that is what is being challenged

    • 0
      0

      Ado, though you are using a Tamil name you are not a Tamil. Bloody Joker!

  • 0
    3

    You are not allowed for this. You can resign by protesting.

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