Supreme Court Receives Petition to Halt Presidential Election

COLOMBO (News 1st);  A FR petition was filed before Supreme Court seeking an order preventing the conducting of a presidential election until the court interprets when the election can be held.

The petition highlights a crucial oversight in the 19th constitutional amendment, specifically in section 30 (2), which pertains to the presidential term of office. 

It brings to light the fact that this particular section has not been appropriately amended in accordance with the provisions laid out in article 82 (6) of the Constitution.

Article 82 of the Constitution specifically addresses the process of amending the Constitution.

Furthermore, the petition underscores how the failure to adhere to Article 82 (6) of the Constitution during the amendment of Article 30 (2) not only violates the sovereign power of the people but also undermines the integrity of the Constitution itself.

The petitioner states that the incumbent President of the Republic of Sri Lanka has been elected by the parliament under the provisions of Article 40 (1) for the unexpired period of the term of the preceding President, who vacated the office before the term expired.

The petitioner states that, according to the constitution, once a President is elected, the term of office cannot be reduced by parliament or by a President elected by the parliament, and this executive power is only held by a President elected by the people.

The petition notes that the express prohibition that a President elected by the parliament shall not prematurely end the term of office of the President elected by the people is stipulated under Article 31 (3A) (e).

The petitioner states that the early termination of the validity period of a result of power of franchise of people, is NOT a proposition enshrined in the foundation of the constitution, to be consistent with the power of the franchise, except when this executive power is exercised by a President elected by the people.

The petition states that the early termination of the validity period of a result of power of franchise of people is inconsistent with the constitution.

The petitioner states that powers exercised by the Supreme Court is the judicial powers of the people, which shall not be alienated or obstructed or disowned, most importantly for protecting the constitution against unlawful changes and also for the balancing of powers granted by the people to the Executive, Legislature and the Judiciary.

The petitioner states that the protection of the constitution in a situation like this totally lies with the jurisdiction of the Supreme Court.

The petition added that the Supreme Court's decision on the petition will be a major lessor to the lawmakers to refrain from making haphazard changes to the constitution, which is not a play dough.

The petitioner seeks an interim order restraining the respondents from taking action further steps in terms of conducting a Presidential Election in 2024 until the Supreme Court completes the determination of the application.

He also seeks an order that the Election Commission shall hold the next Presidential Election taking into account the term of the office of the President is 6 years.

Commission General of Elections Saman Sri Ratnayake, Chairman and members of the Election Commission, and the Attorney General have been named as respondents in the application.