On the writ application filed by the Petitioner, Lawyer Nagananda Kodituwakku, the Registrar of the Court has informed the Petitioner yesterday (23rd Dec 2014) that the Court has fixed the matter to be supported for the relief sought on 02nd January 2014.
However in this case, it was earlier reported that Court Registry had claimed that the Petition of the Petitioner has gone missing and therefore the Petitioner was denied permission to support his case in Court, before the commencement of the Court Vacation that resumed for three weeks from yesterday. Yet the Petitioner has urged the Court to permit him to support his case during the vacation Court, with a copy set of the Petition filed in Court in place of the original filed in Court but gone missing.
In the event the Court in this case issued a notice on the Election Commissioner the election would be suspended as per the interim relief sought by the Petitioner until the final determination of this case.
In this action, Petitioner pleads the Court to issue a Writ of Certiorari quashing the Election Commissioner’s decision, permitting the President Rajapaksa to stand for re-election and also to issue a Writ of Mandamus compelling the Election Commissioner to reject the nomination tendered by the President Rajapaksa for re-election as he is disqualified to stand for re-election as per the reasons set out in his Petition.
As it stands now, with the proclamation pronounced by the President Rajapaksa for an election he has forfeited the unspent period of two years in office as President [Article 31 (4) of the Constitution].