FR petition filed over Presidential Election dismissed with costs
The Supreme Court has dismissed the Fundamental Rights (FR) petition filed seeking an order to prevent holding of the Presidential Election as the 19th Amendment to the Constitution has not been properly passed in Parliament, subject to costs.
This verdict was issued when the relevant petition filed by Attorney-at-Law Aruna Laksiri was taken up for consideration today (15) before a Supreme Court judge bench comprising Chief Justice Jayantha Jayasuriya, Justices Arjuna Obeysekara and Priyantha Fernando.
Accordingly, the court ordered the petition dismissed with costs of Rs 500,000 to be paid by the petitioner before July 31, 2024.
The petition argued that the 19th Amendment to the Constitution was not properly passed in Parliament and therefore called for a referendum to ensure its proper passage.
The Election Commission and its members, the General Secretary of Parliament and the Attorney General had been named as respondents of this petition.
The petitioner claimed that through the 19th Amendment to the Constitution, Article 70 of the Constitution has been amended to deprive the President of the power to dissolve an elected Parliament after one year has passed.
The petitioner asserted that the amendment has not been approved by a referendum, even though a Supreme Court bench ruled that the amendment should be referred to a referendum.
The petitioner pointed out that the amendment cannot be considered as a law because it has not been approved by a referendum and signed by the President.
Therefore, the petitioner had argued that it is wrong to continue to accept the 19th Amendment as a law.