26 September, 2020

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National List Nominees; ‘Day Light Robbery Of People’s Sovereign Rights’ Goes To Supreme Court

General Secretary of Sri Lanka Communist Party DEW Gunasekara yesterday challenged the appointment of rejected candidates through the national list in the Supreme Court.

DEW

DEW

According the national list filed by the UPFA, DEW Gunasekara’s name has been listed 3rd in the list and it was gazetted by the Election Commissioner during the nomination period for the information. This is a legal requirement stipulated by the Constitution (Article 99A). However, according to the Petitioner, the Secretary of the UPFA, usurping the power of election of MPs vested only in the people, an inalienable right protected in the Constitution (Article 3 & 4), appointed 7 rejected candidates [(S B Dissanayake (Kandy), Mahinda Samarasinghe (Kalutara), Thilanga Sumathipala (Colombo), Hisbullah Lebbe (Batticaloa), Kakshman Yapa Abeywardena (Matara), A Ramanathan (Jaffna) and Wijayamuni Zoysa (Monaragala)] who contested at the General Election through the National List.

Many political rights activists and many others have condemned this improper action of appointing those who have been rejected by the people. In this background the Petitioner DEW Gunasekara, who also has lost his legitimate expectations have resorted to challenge the whole process of appointing rejected MPs through the national list in the Supreme Court. Supporting his case with a Hanzard (04-05-1988) produced in Court, the day the 14th amendment was passed, the Petitioner has shown that he himself had fearlessly condemned the move of appointing those who have rejected by the people at the Parliamentary debate. Verbatim of the Hansard is reproduced below.

“… Bringing unelected people is monstrously undemocratic. It will lead to very undemocratic method of voicing opinion. So, at least learn a lesson after having ruled this country for 11 years, after putting the whole nation into a state of fear, insecurity and political and economic chaos…”

The Petitioner further states in his Petition field in Court today that the whole process adopted by the then President to enact the clause he challenge, which permitted rejected candidates to the enter parliament through the national list is grossly irregular and unlawful. According to the Hansard (04-05-1988) field in Court to support his case, the Prime Minister R Premadasa, who introduced the bill had informed the Parliament as follows “These 29 seats will be allocated to the political parties contesting the election, in proportion to the votes received by each party at the National level. The names of the party nominees are known before hand; in fact their names are published in the Gazette immediately after the closing of nominations. Therefore the voters are aware of the identity of the candidates who are to be elected as National Members. Member are not to be appointed or nominated by parties, When people vote for the party they will be aware that some candidates in the list, are likely to be elected, on the strength of such votes”.

Therefore, the Petitioner in his petition argues that appointing of the defeated candidates is completely against the intension of the lawmakers which the court aught to consider and submits further that the Attorney General has also given an undertaking to the Court, at the time the Supreme Court’s determination had been surreptitiously sought by JRJ (in April 1988) with nobody’s knowledge, that the National list will not be hidden as a confidential document but the people would be informed of the names of the candidates through a Gazette during the Nomination period.

It is interesting to see when the Petitioner states that there were two bills on the 14th amendment. The then Prime Minster R Premadasa himself had spoken on this as follows. “What is this 14th Amendemnt to the Constitution? I have to raise this question, because there has been a discussion of a 14th amendment, which as I came to understand later, is different from the Amendment that I speak of”.

The Petitioner states that he had made his observation on the bill, which was placed on the Order Paper of the Parliament on 03rd May 1988 and passed on the following day, betraying the people of their democratic rights, leaving no opportunity at all for the concerned citizens to challenge the said bill, which the Petitioner argue is a clear violation of Article 78 of the Constitution – Article 78 requires any bill shall be gazetted at least 7 days before it is placed on the Order Paper of Parliament.

In this background the Petitioner request the Supreme Court to declare that the clause, that violates people’s sovereign rights without their approval is obtained at a referendum is invalid and direct the party secretary of the UPFA to nominate him to the Election Commission to declare as a duly elected MP through the National List of the UPFA.

Considering the National interest involved in the case which directly affects the people’s sovereign rights Petitioner’s counsel, Nagananda Kodituwakku, through a Motion filed in Court today, has requested for the Full Bench of the Supreme Court to hear this case.

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Latest comments

  • 10
    0

    I had some respect on this old creature until he manipulated the cope report for the sake of UPFA. Actualy, why the senior men of the good kind too to have turned against own folks is the question I raise today.

  • 2
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    General Secretary of Sri Lanka Communist Party DEW Gunasekara

    RE: National List Nominees; ‘Day Light Robbery Of People’s Sovereign Rights’ Goes To Supreme Court

    “General Secretary of Sri Lanka Communist Party DEW Gunasekara yesterday challenged the appointment of rejected candidates through the national list in the Supreme Court.”

    Thank you, Sir.

    Let us see what the highest court in the Land of Native Veddah Aethho has to say about this, daylight Robbery of Peoples, Modayas, mootals, Fools, Idiots or not had to say.

    Earlier, one Supreme course Judge said that the MPs can be traded like goods. and MaRa bought them,

    What is the definition of an elected representative?

  • 4
    3

    Ah Dew,

    Get off your high horse please.

    This is Sri Lanka politics. What meaning did you attach to the word ‘Yahapalanaya’. Yahapalanaya is unravelling pretty fast and soon it will become Yakapalanaya.

    Many of the former rogues of MARA’s Horakalliya have been lined up for Ministerial jobs. All the rogue losers enumerated in your petition are also lined up for some plum jobs besides getting tax payer funded MP jobs for losing at the election.

    What a merry devil dance it is going to be.

  • 9
    0

    Comrade DEW

    Running a Communist Party to capture political power through a revolution in the globalized neoliberal world of 21t Century is day light robbery of people’s intelligence.

  • 5
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    DEW……you are barking dog for Mahinda Rajapaksa.

    Now you met and enjoy the outcome of what you did in Mahinda’s Government.

    Remember….what goes around comes around.

  • 2
    0

    Its no deference its the privilege few just as communist regimes own oligarchy. What is amusing is Sri Lankans believed some thing is going to changed big time. No change most of the opposition picked up seats walk over to the other side with guarantee roll with the good times. Just a matter of interest how long will it take for Fat Man from Down under with deep pockets Packer will glide back to Sri Lanka for a chat now he see the Chines has been embraced with open arms.

  • 4
    0

    Clearly there is dew in this man’s brain. Good for nothing vagrants.

    • 0
      0

      The head line should be,…”day light robbery has ended”..
      Non-entities like DEW do not get automatic entry via national list. Just by having a “left’ label, they expect all the perks for nothing in return,. This is not service to the public. This is daylight robbery of State assets. At least some of it had stopped now.

  • 4
    0

    Dear DKW
    Why not talk on the daylight robberies of buying opposition parliamentarians under MR regime. That was ‘Day Light Robbery Of People’s Sovereign Rights’. If SLFP had contested alone the Gang of 4 and other UPFA parties would not have even got 100,000 votes. Please retire from politics.
    MS is more smart than all thought. He has covered the legal side. Not foolish like UNP viz a viz Tissa Attanayke FR petition

  • 8
    0

    How about all the COPE reports you manipulated to cover up all the daylight robberies of the last regime.

    I guess there should be a Constitutional Amendment where in Politicians before being elected need to mentally evaluated, psychometric tests etc before being elected.

    Then again, these fellows will do jilmart for that too…gone to the dogs i says!

  • 2
    0

    This is very true. This national list, is
    being used to deny the rights of the people.It’s
    an absolute travesty of the democratic rights of the
    people. How can defeated candidates be allowed into
    the parliament in this manner? It’s absolutely disgusting.
    Someone needs to take up the fight against
    their appointment. I feel sorry for Sri Lankans.
    There just doesn’t seem to be any place for
    justice in this country. You just have to suck it up
    or leave for a fairer society.

  • 1
    0

    DEW

    You said Yogi and Bala were killed in the battle front when there is ample evidence that they surrendered to the army and taken away with others in a bus load. You are still to respond to your false claim and the counter claim. Do you know where they are buried or cremated.

    You need to really address this issue and put the record straight. Dew is compression and you will be seena person of compressed personality.

  • 0
    0

    According to President Sirisena Democracy amd freedom are overflowing (doregalyanwa)now. Thats why the national lists that were earned by Mahinda were snached by force and given to lost Sirisena henchmen.

    Likewise Ranil made a grand claim that the judiciary now is free from political interference and it is equal to all.
    Herath from the north central province had to lag in prison for an arms giving while Sujeewa who abused the election law and then abused the cop who attempted prevent him continue to do so doesn’t care even appear in court on three consecutive occations and the court doesn’t warrant him.
    Equal may be to some, but certainly not to all.

  • 0
    0

    I hear this man DEW Gunasekara is [Edited out]

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