Fonseka seeks to sit and vote in parliament

The court of Appeal yesterday (25) listed to be mentioned on December 15 the Writ application filed by former Army Commander Sarath Fonseka seeking to sit and vote in Parliament.

The matter was taken up before Justices R.L.Ranjith Silva.

Petitioner Fonseka is seeking the court for an order directing the Respondents to take all necessary steps according to law to enable him to sit and vote in Parliament and to exercise his powers, privileges and immunities as a Member of Parliament.

Petitioner Fonseka is asking the court to make interim orders suspending and/or staying the operation of the communications/letters until the final determination of this application: namely (a) Sent by the 2nd Respondent informing the 3rd Respondent that in terms of Section 64 (1) of the Parliamentary Elections Act that the Petitioner’s seat as a Member of Parliament has fallen vacant; (b) Sent by the 3rd Respondent directing the 4th Respondent to fill the vacancy in terms of Article 99 (13) (b) of the Constitution; and (c) Sent by the 4th Respondent to the 3rd Respondent containing the name of the 7th Respondent in order to publish his name in the Gazette as the Member of Parliament declared elected for the Colombo District in respect of the purported vacancy.

He is also seeking the Court to stay the operation of the Gazette Notification declaring the 7th Respondent as being duly elected as a Member of Parliament from the Colombo District until the final determination of this application

He is asking the Court to grant and issue mandates in the nature of Writs of Certiorari quashing (i) The decision of the 2nd Respondent (acting for and on behalf of the 1st Respondent) informing the 3rd Respondent that in terms of Section 64 (1) of the Parliamentary Elections Act that the Petitioner’s seat as a Member of Parliament has fallen vacant; (ii) the direction made by the 3rd Respondent to the 4th Respondent to fill the vacancy in terms of Article 99 (13) (b) of the Constitution; (iii) the decision by the 4th Respondent to send a return to the 3rd Respondent containing the name of the 7th Respondent in order to publish his name in the Gazette as the Member of Parliament for the Colombo District for the purported vacancy; and (vi) the Gazette Notification  causing the name of the 7th Respondent to be published as being declared elected to Parliament.

He is also asking the Court to grant and issue a mandate in the nature of a Writ of Mandamus directing the 1st and 5th Respondents to take all necessary steps according to law to enable the Petitioner to sit and vote in Parliament and to exercise his powers, privileges and immunities as a Member of Parliament.

 

Courtesy: DM Online

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