Nov 10, 2018

‘Calling for election, illegal’ – Election Commission to Supreme Court! Featured

The decision taken by President Maithripala Sirisena to dissolve parliament is in violation of the Constitution and is illegal. Therefore, the Election Commission should reject the gazette notification in this regard and seek the verdict of the Supreme Court, legal expert, President’s Counsel Jayampathy Wickramaratne told Sri Lanka Mirror.

According to the 19th Amendment, the President can only dissolve parliament after 4 ½ years, said President’s Counsel J.C. Weliamuna, adding that this decision taken by the President to justify the illegal steps taken to appoint Mahinda Rajapaksa as the Prime Minister, is totally illegal.

According to the special gazette notification issued by the President, the General election is scheduled to be held on January 05, 2019, while nominations will be accepted from November 19 to 26, 2018.

Factors that affect the 19th Amendment

Commenting on the statement made by former Chief Justice Sarath N. Silva claiming that the dissolving of parliament is in accordance with the Constitution, President’s Counsel Jayampathy Wickramaratne analysed the situation in detail.

“The golden rule in analysing the Constitution is that one should not take the provisions in an isolated form, but should look at the constitution as a whole. If the issue that has arisen is pertaining to certain amendments, then the factors that existed in the constitution prior to the amendment should be looked at and the reasons that the amendments were brought in should be considered.

If the amendment had been brought in based on an election pledge, then the background of that election should be taken into consideration. The constitutional provisions cannot be taken in isolation, placed in a vacuum and read,” he said.

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