A Fundamental Rights petition filed challenging the legality of the appointment of UNP leader Ranil Wickremasinghe as a Member of Parliament was today dismissed by the Supreme Court.
Supreme Court three-judge-bench comprising Justices Gamini Amarasekara, Shiran Goonaratne and Janak de Silva refused to grant leave to proceed with this petition considering several reasons, including that the petition is out of time.
General Secretary of Vinivida Peramuna Nagananda Kodituwakku filed this petition, seeking a declaration that UNP leader Ranil Wickremasinghe is disqualified and not entitled for the appointed as a Member of Parliament of the UNP.
Deputy Solicitor General Kanishka de Silva appearing for the Attorney General, raised preliminary objections against the petition stating it is out of time.
She further alleged that the applicant is guilty of wrongful suppression of material facts.
She said the Supreme Court dismissed a similar application filed by the applicant earlier.
While agreeing with preliminary objections raised by Attorney General, Counsel Ronald Perera PC appearing for the Acting President, moved the Court to dismiss the petition at the beginning of the proceedings (in limine).
The Petitioner states the sovereignty of the people, including the election of MPs, is an inalienable right protected by the Constitution itself and the people’s right to elect Members of Parliament at their choice is an essential ingredient of sovereignty in the people, that cannot be defeated by way of an ordinary piece of legislation like Parliamentary Election Act.
Kodituwakku states the supreme law of the land, the Constitution, clearly specified that National List nominations shall be presented to the Election Commission within one week from the Notice received by the Party Secretaries from the Election Commission.
