Petition filed out of time, SC dismisses FR challenging Ranil’s MP post
A Fundamental Rights petition filed challenging the appointment of UNP Leader and Acting President Ranil Wickremesinghe as a Member of Parliament was yesterday dismissed by the Supreme Court.
Supreme Court three-Judge bench comprising Justices Gamini Amarasekara,
Shiran Gunarathne and Janak de Silva dismissed the petition refusing to grant leave to proceed with the petition.
Delivering the order, the panel of Justices accepted the submissions made by the President’s Counsels who appeared for the respondents and maintained that the petition had been filed out of time.
This petition was filed by Vinivida Foundation General Secretary Nagananda Kodithuvakku alleging that the fundamental rights of the people of this country are being violated appointing Ranil Wickremesinghe as a National List Member of Parliament.
This petition sought to issue an Interim Order preventing Ranil Wickremesinghe from acting as a Member of Parliament and voting.
This petition has been filed alleging that the appointment of UNP Leader Acting President Ranil Wickremesinghe is completely contrary to the Constitution of the country and thereby violates the fundamental rights of the people of the country.
The Petition has cited 12 persons including Electoral Commission’s former chairman Mahinda Deshapriya, its current chairman, and members, United National Party General Secretary Akila Viraj Kariyawasam, Ranil Wickremesinghe and the Attorney General as the respondents.
The Petition says that the National list nominations related to the 2020 parliamentary elections were presented by political party secretaries. Parliamentary elections were held on August 5, 2020 and the results were announced on August 8.
Then chairman of the Election Commission Mahinda Deshapriya, has informed the Party Secretaries to notify the nominations of the appointees for the national list MP positions held by the parties before the 14th of that month. But the General Secretary of the United National Party and the General Secretary of Ape Jana Bala Party have not given their nominations before the deadline.
United National Party leader Ranil Wickremesinghe was defeated in the 2020 general election from Colombo district. However, he was appointed to Parliament as a National Member of the United National Party. Both these appointments were made in terms of the powers vested in the Election Commission under Article 99 (b) of the Constitution.
According to Article 99 (b) introduced by the 14th amendment of the Constitution, when a person is appointed to a position of National List MP, the Secretary General of the relevant party must inform the Election Commission of the name of the appointed person within one week. But the Election Commission has been notified for the appointment of these National List MPs after the expiration of the relevant 7-day period.
Accordingly, the Election Commission has violated Article 99 (b) of the Constitution. According to the 14th Constitutional Amendment approved by the Selection Committees, a person whose name is not on the National List cannot be appointed as a National List MP.
Through this entire process, the sovereignty and fundamental rights of the people of the country have been violated.
Therefore, the petitions have requested that a notice be issued to the respondents and seek an interim order restraining UNP leader Ranil Wickremesinghe from acting as a Member of Parliament and voting.