Supreme Court Dismisses Petition to Delay 2024 Presidential Election

COLOMBO (News 1st); The petition, filed to delay the Presidential Election, was dismissed by the Supreme Court on Monday (8) afternoon.

The petition filed with the Supreme Court seeking an order preventing the Elections Commission from holding the Presidential Election, until a determination is given on the President's tenure, was taken up for consideration in the presence of a five-judge bench.

The Supreme Court had noted that a similar petition was filed back in 2019, and the petition filed in 2024 was based on the same facts, adding that there was insufficient facts mentioned to proceed with the petition.

The Supreme Court bench ruled that the constitution clearly mentions that the tenure of the president is five-years.

The Attorney General requested the Supreme Court to dismiss the petition filed to delay the Presidential Election citing that the fundamental rights of the petitioner have not been violated as described in the petition.

During the proceedings this morning (8), the Attorney General informed the Supreme Court that the term of the president is five-years. 

The petition is taken up for consideration in the presence of a five-judge bench led by Chief Justice Jayantha Jayasuriya.

The other members of the bench are Justices Vijith Malalgoda, Murdhu Fernando, P. Padman Surasena, and S. Thurairajah.

The Petition: 

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 an 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 underscored 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 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 lesson to the lawmakers to refrain from making haphazard changes to the constitution, which is not a play dough.

The petitioner sought 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 sought 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 were named as respondents in the application.