Former Chief Justice Sarath N. Silva filed a Fundamental Rights petition today at the Supreme Court seeking an Interim Order by way of a direction that the amendments purported to be made to Provincial Council Election bill at committee stage of the Parliament on September 20 shall not be operative till the final determination of this petition.
The petitioner cited Speaker Karu Jayasuriya, Attorney General Jayantha Jayasuriya and Chairman and members of Election Commission as respondents.
In his petition, former Chief Justice further sought a declaration that the Fundamental Rights of the petitioner guaranteed by article 12(1) of the constitution has been infringed or is likely to be infringed by the executive or administrative actions of respondents.
The former Chief Justice is also seeking a declaration that Speaker Karu Jayasuriya is not empowered by law to certify in terms of article 79 of the constitution that the Provincial Council Election Bill which was passed at the second reading by parliament and operative provisions of which were entirely deleted and new provisions purporting to be amendments to the Provincial Council Election Act No.2 of 1988.
The petitioner stated that the government attempted to postpone the said elections by means of the twentieth amendment to the Constitution which was challenged and Supreme Court determined that the bill is inconsistent with the Constitution and should be approved by people at referendum.
The petitioner stated that upon the said determination the government decided not to proceed with the said amendment and decided to proceed with the bill as to the quota of female candidates.