20 September, 2018

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Rejected Candidates Occupying Office As MPs Abusing National List Provision: DEW’s Counsel

When the petition against the ‘National List appointments‘ was taken before a Supreme Court bench the respondents had dodged the hearing, claiming that they have not received the Supreme Court’s determination on 14th amendment filed in Court by the Petitioner.

DEW

DEW

The bench had comprise Chief Justice K. Sripavan, Justice Eva Wanasundara and Justice Sisira de Abrew,.

Earlier a petition was filed at the Supreme Court requesting to revoke the appointments of the UPFA MPs who got elected to the Parliament through the National List’.

The petition was filed by Secretary of the Communist Party DEW Gunasekara.

The respondents for the case include the Election Commissioner, General Secretary of the UPFA and 42 others.

The petitioner argued that the UPFA’s decision to include the candidates who were defeated at the General Election 2015 was against the law and it is against the sovereignty of the people.

When the case was taken today the Petitioner’s Counsel Nagananda Kodituwakku informed Court that in 1988 five Judges in the Supreme Court had determined that appointing of rejected candidates by the political party Secretaries as elected MPs would amount to a violation of people’s sovereign right to elect political representatives of their choice.

However, the Counsels appearing for rejected candidates who were elected as MPs informed Court that they have not received the said determination of the Supreme Court referred to by the Petitioner’s Counsel.

As a result the Court declined to hear the case yesterday. However as the Counsel for the Petitioner informed the Court that those refused by the people are unlawfully occupying office of MPs in the Parliament, the Court determined that the case could be heard by a Full Bench on 07th Oct 2015.

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Latest comments

  • 3
    2

    Though I am not a admirer of Dew Gunasekara due to his misplaced loyalties in the past, I still support him in this judicial venture.

    We must stop this utterly nonsensical provision of appointing non representatives to parliament. Democracy means a government of the people. Here in Sri Lanka losers become winners. And in the case of the so called ‘Yahapalanaya’ those who were beaten at the polls because of their criminal activities are back in parliament, worse still as Ministers. This is a mockery of democracy.

    • 9
      0

      Well, I agree with you that defeated candidates should never be taken in from the back door. But DEW’s motive is not concern for right/wrong but self-preservation; he is one of the guys who was denied a free ride in to the parliament. If he cared for good-governance, he should have exposed corruption while he was the chairman of COPE for all those years. what is more loathsome, a defeated candidate coming through the national list or politicians who can never get elected like DEW, GL and Tissa V coming through the national list? Remember the national list was intended for non-politicians (like Kadira) to come to parliament; not for politicians who lose or can’t get elected. Although I despise all those defeated candidates coming in to parliament I am ecstatic that low-lifers like DEW and his buddies missed out. What’s your choice SB or DEW? Take your pick. Either way we are damned.

  • 7
    1

    I would like to see SB and his ilk kicked out. But the replacements from the National List must NOT under any circumstances include DEW and Tissa. There are plenty of other good names.

    What about the JVP appointee Bimal? I think he is on firmer ground as he is not a defeated candidate appointed in lieu of a National List name. He was appointed to replace an MP who resigned from parliament.

    • 1
      2

      “”I would like to see SB and his ilk kicked out.””

      Everyone in yakko land want everyone else kicked out- Truly Buruvas!!

      In another generation everyone would be Hindian in the Hong kong of mainland Hindia.

  • 2
    5

    Very well done Dew, these are all thieves, from previous govt, and they should all be kicked out

  • 3
    1

    President Sirisena’s decision to appoint defeated candidates as national list MPs only demonstrating the continuation of corrupt political situation and lack of commitment of transparent decision making with in the political parties. Some of the defeated MP have demonstrated their racist attitude even during the election campaigns for August 17 general election. I need not mention about others who went all the way to UN to defend the previous regime against war crime and human rights violation, despite knowing there are thousands of innocent Tamils were slaughtered in the last phase of the war. They don’t deserve to be paid and looked after by the poor rate payers money.

    In the same manner, I do not see any reasons to keep DEW Gunasekera and Tissa Vitharana, so called leftist surrendered and supported rule of racism in the country and pay them out of poor rate payers money for them to enjoy the luxuary. What was the usefulness by keeping them in the Parliament. Vimukthi

  • 3
    1

    There is an interpretation issue here, therefore SC should refer hanzard of 14th amendment where RDP promised in parliament that National list is to bring expertise and not to bring back rejected. So all rejected appointment should be revoked.

  • 4
    0

    Dear All

    Let us all work for the abrogation of National List Processing from the New Electoral Process, that is about to be proposed.
    Communist Party has been condemned, continuously especially DEW and Prof. Tissa
    That is why they have been included in the National List, like wise this national list criteria was not there in the original electoral process, of 1981 and suddenly UNP in power needed this for the above reason I said, and through 14th amendment they brought this cheating system of accommodating people after COMPLETION of AN ELECTION, thus it has to be done away once and for all.
    Anyway let commonly condemned communists seek the justice of replacing the unwanted by unwanted!

  • 0
    9

    Sirisena and Ranil threw away constitution, decency and good governance away in their hurry to form a so called joint govt to please their benefactors the USA. USA now wants their pound of flesh by prosecuting war heroes for their geo-political agenda which is to create trouble in the country and interfere like they did in the mid-east.

    • 5
      1

      donkey, Don’t be afraid of the ghost that you can’t see.

      now look at your hands; isnt there blood on both of the sinhalese tamils …etc
      You are quite capable of killing yourselves without external input.
      your culture of playing Buruva (portugese Buro) shape shape shape has always paid off.

      Brass tacs,
      Even German dialectician Karl Marx found it difficult to understand the American and English `way of doing things`
      The English distrust of theories and slogans, the Englishman’s way of slowly bungling, if necessary, but in any case slowly finding his way, the Anglo Saxon’s love of individual liberty, self-respect, good sense and love of order, are things which are more powerful in shaping the course of events in England and America than all the logic. the English have bad logic and you have nothing there of value for the starfish to eat
      While Hindia needs a clear seafront and its moving ahead with your baldie blessings.- your heritage north indian but dalit?

      Your grandfather Hindia is pleased with you and has swapped $1.5 billion like the pawn broker because he is the owner and you are doing his bidding until like the English who taught him lesson – last man out like Diego Garcian’s- maragene mariyan 9kill yourself than bark at the wrong tree because the land does not belong to any one father but Hindia (a hong kong for the mainland governed from new delhi- 99 years approx 68 gone)
      Big bad singhe Fire that musical sound and taste the blood like the Yakkas and Nagas. Do more bali thoil.

    • 5
      0

      What do you think MR did for almost 10 years?

  • 3
    0

    do away with national lists.It is not democratic.anyone can be appointed bypassing the people.Not only that candidates who have been rejected by the people also can be appointed. Siri has shown the path for good governance.

  • 3
    0

    This man is 85 yrs old. [Edited out] We know what he did with regard to the 18th Amendment.

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