Legal wrangle delays call for poll nomination

[TamilNet, Saturday, 10 September 2005, 18:06 GMT]
Mr.Dayananda Dissanayake, Commissioner of Elections is awaiting clarification of the final paragraph of the landmark judgement delivered on August 12 by the Supreme Court directing him to hold the presidential election before the end of the year 2005. Commissioner of Elections has already filed a motion in the Supreme Court to delete a clause in the final paragraph of the judgement that is preventing him from calling for nomination in the presidential poll, legal sources said.

Mr Dissanayake said in his motion that a certain clause in the SC judgement has constrained him from carrying out his duties in terms of the Constitution in fixing the date for nomination for the forthcoming presidential election, legal sources said.

Hence the Commissioner of Elections is reportedly delaying the gazette notification calling for nomination until the Supreme Court gives a fresh order to his motion submitted Wednesday through his lawyer Mr.Elmo Perera, legal sources said.

Mr Dissanayake has asked the Supreme Court to take up his motion in open court at the earliest possible opportunity, legal sources said.

The Supreme Court made its order on August 12 on the fundamental rights violation petition filed by Venerable Dr.Omalpe Sobitha Thera of Jathika Hela Urumaya, all monks' party, that his fundamental rights would be violated by the failure of the Election Commissioner to call the presidential election this year.

The Supreme Court is expected to hear the motion of the Elections Commissioner this week, legal sources said