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Tuesday, November 11, 2014 - 4.39 GMT
Third term candidacy; SC dispatches decision to President


The Supreme Court decision was dispatched to the President yesterday afternoon by a full Bench of Supreme Court Judges on the referral to it by the President on whether there was any impediment for him to contest the Presidential election for a third time.

Senior Attorney Ajith Pathirana, Secretary of the BASL at a conference held yesterday said that the BASL requested for two weeks to make submissions on this matter. The Courts have however decided on this matter and informed the President.

The Supreme Court Bench comprised Chief Justice Mohan Pieris PC, Justice K. Sripavan, Justice Chandra Ekanayake, Justice Priyasath Dep PC, Justice Eva Wanasundara, Justice Rohini Marasinghe, Justice B.P. Aluvihara, Justice Sisira de Abrew, Justice Sarath de Abrew and Justice Priyantha Jayawardena PC.

Earlier, the President sought a determination from the Supreme Court whether he has any impediment to be elected to the office of President for a further term by appealing to the people for a mandate after his second term in office. The matter was taken up for consideration by a full Bench of judges on Wednesday presided over by Chief Justice Mohan Peiris PC.

The President made the request in terms of provision 129 (I) of the Constitution.

The President sought a determination whether he, in terms of Article 31 of the Constitution as amended by the 18th Amendment, has any impediment after the expiration of four years from the date of commencement of his second term in office on the 19th of November 2010 to declare by proclamation his intention of appealing to the people for a mandate to hold office as President by election for a further term.

Whether in terms of the provisions of the Constitution, he as the incumbent President serving his second term of office on the date the 18th Amendment was enacted has any impediment to be elected for a further term in office.

The Attorney General and the Bar Association of Sri Lanka, were informed by the Registrar of the Supreme Court that written submissions in respect of the above mentioned questions will be entertained at the registry until 3pm on the November 7.

Thirty two of the thirty four written submissions were made in favour of the President.

Romesh de Silva PC (Past President of the Bar Association), Gamini Marapona PC, Nihal Jayamanne PC (Past President of the Bar Association), Faiz Musthapa PC (Past Deputy President of the Bar Association ), Ikram Mohamed PC (Past President of the Bar Association), Hemantha Warnakulasuriya PC (Past Deputy President and Secretary of the Bar Association), Palitha Fernando PC (former Attorney-General), Gomin Dayasiri, M.M. Zuhair PC, Dr. Jayathissa de Costa PC, W. Dayaratne PC (Past President of the Bar Association), Palitha Kumarasinghe PC, Manohara de Silva PC, D.P. Mendis PC, Anil Silva PC (Past Secretary of the Bar Association), Kushan de Alwis PC, Kuwera de Soyza PC, Ali Sabry PC (Past Treasurer of the Bar Association), Chandana Liyanapatabendi PC, Vernon Boteju, Lakshman Indranath Keerthisinghe AAL and Shanthilal Wijesinghe AAL are among those who made written submissions to the Supreme Court.






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Last modified: November 11, 2014.

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