A petitioner has requested the Court of Appeal to issue a writ to the Elections Commissioner to suspend the Presidential polls, on the basis that the opinion delivered by the Supreme Court on the legal validity of President Rajapaksa seeking a third term is bad in law.
The petitioner – Nagananda Kodituwakku submits in his application that since the extant President was in office in his second term when the 18th amendment was implemented – the new changes do not have a retrospective effect and thus, is only applicable to those elected into Presidency after the adoption of the constitutional amendment.
Naming the Elections Commissioner, UPFA General Secretary Susil Premjayanth and defacto Chief Justice Mohan Pieris, CJ Shirani Bandaranayake and the Attorney General as the respondents., Kodituwakku has stated in his petition that the EC is obligated to act as required by the law and ought to have rejected the nomination of Mahinda Rajapaksa.
He also points out that the ‘opinion’ delivered by the Supreme Court is not worth, as any verdict delivered by a bench of judges appointed by defacto CJ Mohan Pieris becomes void at its very inception since he is holding on to the position through the power of Executive Presidency.
Kodituwakku has supported his claim on the basis that the CJ’s impeachment became null and void when the Supreme Court delivered on January 1, 2013, that the PSC has no power to investigate allegations made against Chief Justice Shirani Bandaranayake and is therefore unconstitutional. He has further supported his argument by referring to the Court of Appeal verdict that found the PSC unlawful and quashed its findings. Hence he has noted that Peiris’ appointment to the office of the CJ is nullified and the decisions made on his initiative have no legal effect.
He also points to the Supreme Court case SCFR/536/2010 that reveals credible evidence of dishonesty and misconduct of Pieris and argues that President appointing him as CJ has undermined integrity of the judiciary. So, a change of government would mean his removal from the position with no impeachment process as his occupation itself is unlawful, Kodituwakku submits.
Stressing therefore, that Pieris’ opinion is only a private opinion and bears no legal force, he has pointed that the EC has failed to comprehend the facts appropriately and reject the nomination submitted for the incumbent President.
Furthermore, the petitioner has pointed out the President seeking a Supreme Court opinion on the constitutionality of him seeking a third term under Article 129, is outside the jurisdiction of the Courts as the law clearly states the question referred to must be one of ‘public importance’.
Since the question is related to the President’s individual capacity and no one else’s, the constitution does not oblige the Courts to give an opinion and Kodituwakku points out that it ought to have said no. The petition has furthermore noted that Article 129 (1) implies for the necessity of a hearing and does not warrant the Courts to dispense with a hearing altogether.
Instead he states, the Court has followed an ad hoc procedure and denied the citizens the opportunity to express their views.
Therefore, the petitioner has also requested the Courts to:
Issue a mandate to quash the Elections Commissioner’s decision permitting the extant president to contest at the upcoming polls
Issue a writ instructing the Elections Commissioner to reject the nomination tendered for Mahinda Rajapaksa, pointing out the decision of the Elections Commissioner to permit him to contest is unlawful, inapt and an abuse of process and power.
Read the full petition here
Angry Fellow / December 18, 2014
How much did you get paid by MR to do this? Now that he is loosing he wants to cancel the election.
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bo / December 18, 2014
He s not an MR man!
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wathie / December 18, 2014
Man, where do you live? You’re not in touch with the reality. President is winning.
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Dom / December 18, 2014
No, He is not winning and his popularity has faded away. Most major citizens prefers to have Maithripala Sirisena as their President.
I still live in Sri Lanka and Maithripala’s popularity is very high today compared to Mahinda.
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Dr. Laksiri Fernando / December 18, 2014
The petition appears very logical and based on law and justice.
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Sirisena / December 18, 2014
If he is a logical person why din’t he nip the position in bud. After all the leading legal luminaries was of this view. It is crystal clear he is on a contract on the instigation of his contractor on the contractors current predicament.
Interesting to see the outcome.
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Pot Shot / December 18, 2014
Dr Laksiri,
Its completely illogical when it has taken so much time for him to realise and then raise this objection.
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Native Vedda / December 18, 2014
Watch this video clip
Democracy Sri Lankan style.
Democracy in action
Who said Sri Lankan do not enjoy freedom of speech? Freedom goes beyond speech.
Attack on TNA
https://www.youtube.com/watch?v=wIF439tfAf4
Whats the matter with these Demelas?
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shankar / December 18, 2014
veddha machan,there is such confusion it reminds me of a fish market into which 50 blind lesbians got into without knowing where they were.
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Pot Shot / December 18, 2014
Native Vedda,
So what is the racist point you are trying to make??? It has no relevance to the article. Btw do you think MR and clan behave any better than the people in the video- a murderer, manipulator and thief cannot be any better than the people you show in your link.
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Native Vedda / December 18, 2014
Pot Shot
“So what is the racist point you are trying to make???”
Sinhala/Buddhists are no different to Demelas. The Sinhala/Buddhists have been upholding the fine democratic values such as freedom speech since Anagarika Dharmapala’s (Homeless One) time. Read the news item below and you will learn that these two people (Sinhala/Buddhists and their equally stupid Demela brethren) rage 24/7/52 and are very, very very, very…… stupid people.
Do you see any difference between Aryans and Dravidians, its the common stupid gene (M20) imported from south India that makes both people very very … stupid.
Opposition stage, vehicle, sound set-up torched
December 17, 2014, 10:10 pm
by Madura Ranwala and Norman Palihawadana
A stage erected in Galle for Common Opposition Presidential Candidate (COPC) Maithripala Sirisena and a vehicle that brought the sound set-up had been set on fire yesterday morning by a gang that arrived in two vehicles.
Police spokesman SSP Ajith Rohana said that President Mahinda Rajapaksa had ordered Inspector General of Police N. K. Illangakoon to launch a special investigation into the arson attack on the opposition election stage set up at Wanduraba.
The organisers of the COPC’s meeting at Wanduramba had hired sound systems from Narammala and the vehicle that carried them, too, had been set ablaze by the attackers. A team of police officers attached to Wanduraba police station had rushed to the place and doused the fire without allowing it to spread, police said.
The attackers had threatened the driver and two of his assistants who were there to fix the sound system forcing them to take to their heels. Later the victims had arrived at the police station to make statements, a police officer said.
Addressing the media at Police Headquarters, Police spokesman SSP Ajith Rohana said that the suspects would be arrested.
SSP Rohana said that the Government Analyst would determine the liquid the assailants used to set ablaze the stage, its decorations, a vehicle that carried sound systems to the place. The incident had taken place within five minutes after two police officers guarding the stage had left the place around 6.00 a.m.to change their shift, the Police Spokesman said. “A separate investigation will be carried out against the Officer-in-Charge of the police station.”
A group of UNPers held a protest opposite Wanduramba bus stand against the attack. The mastermind of the arson attack is said to be an UPFA Parliamentarian in the area, who is known for that sort of things, the Campaign for Free and Fair Election (CaFFE) says.
Meanwhile, the Police Spokesman said that 30 suspects had been arrested so far over 49 complaints since November 20, when the upcoming presidential election was announced. He said of the 30 suspects, 10 were Pradeshiya Sabha members including four chairmen and a vice chairman.
In another incident at Habaraduwa, where Opposition alliance was to hold a rally opposite the bus stand there yesterday at 4.00 pm, the decorations of the rally had been destroyed by a group, former southern provincial councilor of the UNP Maithri Gunaratne said. Gunaratne alleged that a group of policemen, led by the Ahangama OIC, threatened those who were decorating the place.
http://www.island.lk/
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burt / December 18, 2014
What’s wrong with “demelas” are that they are the thugs of that accused murderer, bank robber and thug Douglas. He also happens to be the right hand man in the North of the thug from the South.
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Native Vedda / December 18, 2014
burt
Read my comment to Pot Shot above.
Everything is wrong about Sinhala/Buddhists and their Demela brethren.
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shankar / December 18, 2014
now MR can postpone the elections which he might lose by stating that a referendum should be held to see what the people want,a presidential system or a prime minister at the helm.He is already mouthing it off.
Everything depends on whether he fells he will lose or be able to scrape through.A few more boos should make up his mind.
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Pot Shot / December 18, 2014
As the out come of the Presidential poll was being written in favour of Maithri this kind of legal action was being orchestrated by MR’s camp to avoid the election. IT WAS EXPECTED. The defacto CJ will rule in favour of the writ application and the polls will be postponed.
People of Sri Lankan watch this new manipulation as it unfolds. To me MR is very much like the LTTE. The definition of a terrorist is one who violates the democratic rights of civilians through intimidation and violation of the laws of the land to meet their own personal beliefs and objectives and not that of the collective majority of citizens.
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Mallaiyuran / December 18, 2014
“He has used the terrorist title for the LTTE (rightly so), and for the JVP (correct for the past), and claimed the same entitlements for the armed forces personnel. “
This is an opinion of the Professor Laksiri Fernando. We can come back to that after seeing some other side points.
We have been arguing within these comments that no way the Chief Jester, Buffoon Silva’s arguments can stand up in a court of law. The arguments were not put forward based on the fact that he is a mentally unstable person, so not fit for to comments on legal matters or he is the most corrupted judge the Lanka had seen, nor because he is a Sinhala Intellectual, who dying for popularity (a common symptom of Sinhala Intellectuals, but of few.). But, it was based on illogical point Buffoon Silva was producing in support of his argument. Latter, with some lame excuses, Buffoon Silva withdraw himself and went into hiding. Our point was the amendment was passed by the MPs to re-seat the incumbent president, so upholding the intentions of the law makers is paramount if the MY3 wants the parliamentary system prevail. MPs should not be fools by the Supreme Court. Only the same MPs can remedy this 18A, and as there are no supports for MY3 in the parliament now, talking of that is a pointless activity. Other point was, out of the three top Judges in that issue, two, Shiranee and Mokan Pieres, had agreed with the wording of the amendment, so Buffoon Silva, the minority on that, should accepts the court’s majority decision if the courts have to survive under MY3’s potential future dictatorship.
It is not sure what is the intention of this law suit, but after all the explanation, as when Buffoon Silva has withdrawn his initiation, which he said he was to do for last four years, the time from the amendment was passed, this guy too dying for nothing but fame. He knows in every atom of his sense that what will be the verdict. So, there is no further use in talking about this guy or his law suit.
King, in the past, has expressed that he would not give the “legal administration” to NPC because any one can prevent him from going to the places in his own country, he is ruling. Of cause, the present Supreme Court composition cannot be reproduced in all 9 provinces. It is not the NPC lawyer are waiting to sue the King, following where he walk around. But, as the all 8 other PCs must have the equal right with NPC, any lawyer, from anywhere the country, can sue the king, in the event of the devolution of the police power. (As king understands that, he is not in a position to give policing to NPC, and now this one is the main reason to PSC’s impasse.)Further we had predicted that the King has a feeling that circumstances would arise in Colombo more than in the NPC. The above law suit is an example of what we try to explain.
There is no law suit against the King from any Tamil on the alleged war crime, in Lanka. Only, TNA is asking for a solution for the Tamils’ national question. Even after Buffoon Silva’s claim and his infamous failure, mushrooming this type of the cases without even a faint hope of catching the King, is the exact example we have been clarifying. But, here we just say, “these dogs are just baking at the moon, they can do nothing to moon”, and pass from this.
Our main interest is the parallel phenomena to this of the Professor Laksiri Fernando’s claim.
What is he saying here is, the LTTE’s terrorism is a present (current) and live threat and the JVP is a dead and past one. Of cause this is the one Royal family’s hot topics in the election. They are claiming that the LTTE is well and alive, unlike the dead JVP and to balance the LTTE terror, King’s terror will be the suitable one. Interestingly, they will be using Professor’s hate mongering phrases to substantiate their claim. MY3 has said that there will be no investigation on any leader or Army personnel involved in the war crime and when he come to power, the Army will honored with another fire cracker and Milk Rice celebration. He further said the Bandaranayke Memorial International AirPort (in MY3’s rule, as a payback to CBK’s share in this plot, that name will be back) will be closed to prevent the King from escaping. The other norm of the Sinhala Intellectuals! The secret, obstinacy, resolve to revenge!
We saw earlier that no Tamil has sued anybody in Lanka for the death 147,000 and for the war crime. TNA lawyers are in the MiG case for Sinhala Clients, but did not try to sue the Royal family for war crime. The vociferous, uproarious, noisy Diasporas are often cited as the determined revengers against the Royal Family. But the truth is not so. This is done, from one side, by the Royal family to get the Sinhala Buddhist’s votes one more time, to avoid an immature or too early declaration of military ruling, after the election. On the side, it is called by the Sinhala Intellectuals. As usual, their puny brain does not figure out what the diaspora is talking. In the international community (especially the NGOs) started call for investigation, the LTTE is also an accused party. Diaspora is claimed by the confused Sinhala Intellectuals, as LTTE rump. In this relationship, Sinhala Intellectual explains to their disciples, the Sinhala Buddhists that the diaspora is calling the UNHRC for investigation to electrocute the King for revenge. That needs no further word to unmask the Sinhala intellectuals’ purpose of blaming the diaspora.
The TNA, which is under the pierce teeth of the 6th amendment, is not capable of asking for an investigation from inside Lanka as it can be interpreted as aiding and abetting the terrorism. Though TNA is silent about the injustice happened to Vanni people, of cause, the diaspora which is living the democratic western world, openly talk about it. But, the truth is, they too are not deviating much from the TNA on that. What is their call is, for the international community, to conduct the investigation and see the reason for the need of referendum in the north and east for the invocation of self-determination right of the Tamils. So far, none, even by accident, has called for the electric chair for King, prematurely or prejudged before the investigation proceed. All what so far said about the diaspora is another Sinhabahu story of the Sinhala Intellectuals. TGTE like diaspora organizations are asking only for the investigation in the context the referendum. This is what, in their second annual sitting of the second term, they passed as one of their resolution.
The revenge, like their racism and jealous, is the born together twin brother of the Sinhala Intellectualism. Earlier, we saw Sirisena has proclaimed to close the airport to avenge the King. He, for the past ten years, was one in the family of the Royals. Now, he is calling for the blood of the brethren with who spent his major part of the life. All the past beautiful memories of the time spent together are gone with the wind like a dream. He wants to excuse the Royal family to the war crime, but not for what they did to him. He has declared that he had put tighter a file, when he was in happy and pleasant relationship with them, secretly. One may not discount this as another SLFPyer is promising another load of rice from the moon. But this time it is not so. Surely, if he gets the Nunchucks in his hand in the coming election, he is going to play karate and show what kind of master he is, in the coming days.
King knows the mentality of the Sinhala Intellectuals, as the reflection of his own mind. Yet he has said, if he loses the election, he will vacate the EP post. He is the one said that if the NPC gets police power, he will not be able walk outside of his home in his own country. WHEN SIRISENA IS CHALLENGING TO CLOSE THE AIRPORT, HE IS OFFERING TO VACATE THE POST. What to tell other than “It is all with the Sinhala Intellectuals, here in Lanka”
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Mohamed / December 18, 2014
“Kanda ona nam thalagoya nath nam kabaragoya.” If you want to eat it is Thalagoya if not it is kabaragoya
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Gune / December 18, 2014
The applicant has got a point but I think it is clearly an inside job. The question I have is – why is this person filing this objection now and not earlier. So I have doubts of its motive. MR is getting cold feet. Mohan Peries the stooge will oblige.
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Dom / December 18, 2014
Generally speaking, When MR has successfully handed over the nomination, The election poll cannot be suspended by any means, Therefore even if the 18th amendment was not into effect and the law has right to pass itself by the supermajority or through referendum.
As if you think the the governance of law didn’t effect the nomination when MR handed over, It should eventually be rejected upon the reviewal. I believe one man cannot change the entire law and deactivate the election by a surprise due to lack of popularity. But he has rights to express it and accept the lack of popularity.
Even i have witnessed with my own eyes that his popularity is dynamically fading away in my area nor his names are mentioned by the people, Mostly i’m surrounded by the Maithripala’s supporters and i’m very glad about this ambush plan that was plotted by RW to destroy the popularity of MR.
God will mercy on people for choosing wrong leader.
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Guy Emerson / December 18, 2014
I agree with a previous comment that it is an inside job to one’s own advantage. We need not think far to know the outcome of a decision and that is the expected decision to achieve the desired objectives, irrespective of the merits of the case.
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Nagananda Kodituwakku / December 18, 2014
I have gone through the comments made by the readers and I thought that unless I make them understand about the importance of the supporting of this Writ Application, seeking a mandate to quash the nominations submitted by the Extant President Rajapakse, I deny the people of their right for correct information.
I need not mention the basis of this writ application that is self-explanatory. It appears that readers believe quashing of Rajapakse’s candidacy would give him some breathing space for two more years, as he called for the elections two years in advance, which is NOT the case.
The relevant provision of law in this regard is as follows.
Once a person elected to office of the President declare his intention for appealing to the people for a fresh mandate to hold office for a further term [Article 31 (3)], his term of office shall be deemed to have expired on the date of which the result of such election is declared and the person elected as President by the people shall assume office forthwith [Article 31 (4)].
Therefore, the correct legal position is that in the event the Court quash the Election Commissioner’s decision to permit the Extant President to stand for re-election, the election would be held without a candidate from the UPFA and the winner will be declared the President forthwith.
And as this is a matter of public importance, the Court aught to declare its decision without inordinate delay. I hope that everybody make allegations would get their doubts clear.
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shankar / December 19, 2014
Nagananda Kodituwaku
He can have the law amended.The only thing that the president can’t do is to make a man a woman or vise versa.That is why we are suffering now due to that megalomaniac JRJ who thought under the proportional representation system the UNP would be in power for ever.He did not take into consideration that the other megalomaniac prabhaharan will bump off all its leaders and make it like a chook without a head.
Why are you talking about trifling things like laws etc now at this late stage when the king is getting booed?Trying to give a lifeline eh?
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Roy / December 20, 2014
THIS BLOOD SUCKER MUST SHOT ALIVE TO SAVE THIS COUNTRY FROM THESE DISGUSTING CRIMINAL UNDERWORLD UNEDUCATED CROOKS.
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