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].
j.thavarajah / December 24, 2014
It would be far better if MR is defeated at an Election:For that would be the verdict of the PEOPLE!
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Sylvia Haik / December 24, 2014
Sadly, this victory will have a heavy price to pay. The Rajapakse puppets in the Supreme Court are already primed to declare that MaRa has 2 more years to serve irrespective of who wins the election.
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Dom / December 25, 2014
Unfortunately no, The losers has to vacate their post immediately after losing, The winner has maximum up to 2 week to take the oath and fill the vacated seat.
In event if the loser wants time to vacate the seat, It will be maximum of 2 weeks and exceeding the period may result overthrow of the loser.
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shankar / December 24, 2014
mahinda has been given a lifeline now if he is going to lose the election.If he is going to win he will brush it aside like toilet paper and go ahead with it,but if his internal polling shows that he is going to lose he will seize on this opportunity to postpone the election.
I think it will be most likely that the election will be postponed.Not resheduling the papal visit also points to the fact that this whole exercise was meant to flush out the traitors and feel the pulse of the people.What he has found from the pulse is people are nearly dead with hunger and malnutrition and are also angry with the thuggery and corruption.So he has to have time to repair the damage go for a referendum on the presidency and then try to win over the people again by cleaning up the whole filthy apparatus in his government probably using gota by bringing him into parliament and then aim to become PM or president base on the results of the referendum.
Therefore instead of the presidential election we are going to first have a referendum on whether the people want the presidential system to continue or revert back to the parliamentary system or have a presidential system with reduced powers.3 choices for them to vote.
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Dom / December 25, 2014
The election cannot be postponed after handing over the nominations papers. He has to do this before handing over the nomination paper, Now its late and he has no chance of postponing it.
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shankar / December 25, 2014
Dom
Who says so?The constitution?Give the relevant paras for us.I’am sure there will be a loophole that can be exploited.
If it cannot be done that way then gota will take over the country,postpone the election and have a referendum.Then he will do a clean up of the whole government apparatus and then tell mahinda to go for an election according to the verdict of the referendum.
If you think gota is going to sit there and do nothing while mahinda goes for a losing election you are living in dreamland and do not understand that one crazy bugger.
If the election goes ahead it is because mahinda thinks he can win.If he and gota think otherwise then first preference would be to try for a peaceful postponement,second preference for a coup.
what do you take these guys for?easy going characters who will just gracefully give up power prematurely by two years?
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Mohamed / December 25, 2014
I too erroneously had the same view as shankar initially. The Petitioner has since clarified the position and even stated that “Not The People But MR Should Pay Gratitude For Tolerating All Abuses” by a subsequent article.
No, it is not a lifeline but a rope to hang himself and for the public to have a relief from all the violence now being witnessed, if judgement goes in favour of the Petitioner. The legal eagles has to crack their brains post judgement in favour of the Petitioner, since MR will loose the right to Govern on the 9th January 2015 based on the Petition.
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shankar / December 25, 2014
Mohamed
“since MR will loose the right to Govern on the 9th January 2015 based on the Petition.”
why should that be?He was elected at the last election for 6 years.Until he loses another election he is still the president.
What you are forgetting is this is and early election,not the normal one that should have been held after 6 years.There lies the life line that i spoke about that the petitioner has given MR.
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Uthungan / December 26, 2014
Shankar
Once the election is lost by the incumbent, the very fact he opted for the elections after four years before the full term of six years,means he has impliedly consented to forfeit the remaining two year term from holding office as President,and therefore he cannot continue after 9th January 2015 as President.
What crazy Gota would do in such an eventuality is a bridge the people who defeated MR will have to cross after that.
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shankar / December 26, 2014
Uthungan
I’am not talking of an election which MR has lost.I’am talking of a election that could be postponed before he loses it so that he has more time to get his act together and contest later.When maithri crossed over he got a shock fro which he is still trying to recover.He always thought he will face ranil or karu and it will be a cake walk for him,hence the early election.Now that circumstances have changed he has to wriggle out saving his face so has to have a good excuse.However if his internal polling shows he can scrape through he will have the election.
So my prediction is if he is going to have the election then he is going to win it,not lose.So your comment which is based on the fact that he loses the election is of no relevance to mine.
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Uthungan / December 26, 2014
Shankar
You arere relying on your prediction and the availability of a loophole according to your reply to Mohamed a postponement of the election ,while I am repeating the fact DOM said ‘that once the nomination has been handed in, there is no possibility for the postponement of the election’.
Anyway where the loophole here for MR to postpone the election fearing a loss or provision of or interpretation of the constitution provides for that?
It is in the absence of it,that I premised my point considering the possibility of the incumbent losing the election.
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shankar / December 27, 2014
Uthungan
yes,i agree with you that he can’t continue for another 2 years after losing the election.he will become a joke as it will be a worlds first. Everywhere when a person loses a election they have to pack up and go.It is a shame to try to continue when the people don’t want you,let alone the legal points to it.
That is why i say he will only have a early election like this if he is sure of winning.this election is so tight that his internal polling at this point of time will be useless because of so many undecided votes and small margin of victory,so he has to wait till about the 5th to decide to pull out or not.
On around the 5th of jan if his polls show a defeat he will get his golaya the Cheap Justice to say that the petitioner is right and the election should be postponed.As for the loophole the Cheap Justice will find one or create one.
On the 5th if the polls show he can manage a victory however small he will tell the Cheap Justice to put the petition into the WPB.
I think the TNA should delay its decision until the verdict on the petition is given because you should not show your cards early.
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sk / December 24, 2014
Now where are we heading to ?
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srilal / December 24, 2014
Is this possible after the postal voting taken place ? where is Sarath N silva ? please clear the air !
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Ebola da Silva / December 25, 2014
srilal, do not you know that sarath silva is bogus and a cooley
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srilal / December 25, 2014
Read this
“‘Secret’ doc can nullify MR’s Presidency if re-elected: Sarath N silva “
The bogus ‘secret’ document publicized by former UNP General Secretary Tissa Attanayake being used in President Mahinda Rajapaksa’s campaign, is an offense that enables President Rajapaksa to be ousted from power if he is re-elected, former Chief Justice Sarath N. Silva said today.
Speaking at a media briefing at the New Democratic Front campaign office in Thimbirigasyaya, Silva said utilizing the alleged ‘secret’ document which both Opposition Leader Ranil Wickremaeinghe and Common Opposition candidate Maithripala Sirisena have declared as fake, in President Rajapaksa’s campaign is an offense under section 452 of the Penal Code, of which the charges can be filed up to 20 years since committing the crime.
He said it’s also an offense under Section 83 of the Presidential elections act which declares it illegal to publish in any newspaper any false statement concerning, or relating to ‘the utterances or activities at an election of any candidate who is contesting such election, or the conduct or management of such election by such candidate ‘.
“These offenses alone can be used to nullify the Presidency of Mahinda Rajapaksa if he is re-elected into power through the Supreme Court,” Silva said while adding that even the media that published the bogus document had an obligation to clarify its contents either with Wickremesinghe or Sirisena before publication.
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Lion / December 24, 2014
I won’t be surprised that Mara may use to cancel the election as the going is very tough for him.
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crazyoldmansl / December 24, 2014
Oops!… The pincer springs shut!
The tide slowly but surely wafteth thee towards the grey gallows upon the green where thou shalt surely swing my friend as I warned thy wordsman echeldee mahida parlor no sooner had you settled in that chair that ill suits your hubris.
Poor fool. I shall buy myself a camera to catch thy parting swirl and may all those who share your chinthana be warned; the world belongs to all for all are but minorities in the world and non may dare claim to be a majority and majoritarianism is the nightmare from which the noose shall soon awaken you.
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Taraki / December 24, 2014
Cloaks and daggers and smoke and mirrors. Spouting fluent Legalise when Mao told us long ago that political power grows out of the barrel of a gun.
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modey / December 25, 2014
Where is Sarath N Silva ???? He is negotiating a deal putha
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Cedric / December 26, 2014
The petitioner I think is a decoy planted by the regime on a false pretext. The court will uphold his petition & grant relief to proceed to enable the postponement. MR & all others know they are going to lose. This is a ploy to postpone the election.
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