Centre for Policy Alternatives on 2 June, 2011

Dr. Paikiasothy Saravanamuttu vs. Mahinda Deshapriya (SC FR 251/2011)

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A fresh petition was filed by Dr. P. Saravanamuttu in June 2011.  The subject matter of this case concerns the failure of the Elections Commissioner to hold elections for the Colombo Municipal Council pursuant to a series of Emergency Regulations extending the term of office of the Municipal Council beyond the period determined by law. The Petitioner sought to collaterally challenge the Emergency Regulations issued by the President on the basis that he had no authority in law to exercise emergency powers to interfere with the franchise rights of citizens.

Several other cases were filed related to the same issue as follows:

  • Lionel Guruge Vs. MahindaDeshapriya (SC FR 287/2011)
  • Chulani Kodikara Vs. Mahinda Deshapriya(SC FR 286/2011)
  • Brito Fernando Vs. MahindaDeshapriya (SC FR 291/2011)
  • Kumudini Samuel Vs. MahindaDeshapriya (SC FR 292/2011)
  • Dr.P.Saravanamuththu Vs. Mahinda  Deshapriya ( SC FR 161/2011)

SC FR 291 and 292/2011 were supported for leave to proceed before the Supreme Court. The Court dismissed the cases without reasons being stated after the petitions were supported in open court by counsel appearing for CPA. SC FR Applications 251, 286 and 287/2011 were withdrawn in light of the Court’s dismissal of the other cases.