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| Dismiss Presidential election petition without trial is President’s preliminary objection |
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(Lanka-e-News, July 07, 2010, 9.50AM) President Mahinda Rajapakse filed preliminary objection to the Presidential election petition filed by Gen. Sarath Fonseka against him when the case was taken for trial on the 5th by the Supreme Court (SC).
The objection was based on the ground that when a petition is filed, it is imperative according to the rules that a copy of the petition shall be handed over to the respondent, which requirement the petitioner has not duly complied with. Even though charges have been made against ITN, SL Rupavahini Corporation and the SL Broadcasting Corporation, they have not been cited as respondents. Under the section 95 (11) of the Presidential election Act, where charges are leveled against individuals or Institutions in the plaint, they must of necessity be made respondents. The objections raised by the President stated that these requirements have not been fulfilled in the petition. |
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The Presidential election petition was heard before a panel of judges comprising Chief Justice Asoka De Silva, Dr. Shiranee Bandaranaike, K Sripavan, P A Ratnayake and S I Imam.
The Court decided to examine the objections filed on behalf of the President on the 13, 14 and 15 of September 2010.
The respondents cited in the petition filed by Gen. Fonseka are UPFA Presidential candidate Mahinda Rajapakse, all other candidates who contested at the Presidential elections, Razik Zarook, Kalinga Indratissa,Attorneys at Law; Wimal Werawansa, Hudson Samarasinghe and Elections Commissioner Dayananda Dissanayake. |
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The petitioner Gen. Fonseka in his petition has stated that before and during the date of the Presidential election s, his supporters were unduly harassed, frightened and intimidated, while at the counting of the preferential votes, there were various malpractices and irregularities committed. Fonseka therefore requested the Court to declare the election of President Mahinda Rajapakse as null and void, and Fonseka be declared as the duly elected President.
Attorney at Law Upul Jayasooriya appeared for Gen. Fonseka.
Attorneys at Law, Kushan De Silva and President’s Counsel D S Wijesinghe appeared on behalf of the President. |
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