News

Second petition filed against NL appointments naming 45 respondents

Published

5 years ago

2021/07/28

Sahan Weerasooriya

Article 99A: A constitutional fraud, DEW alleges in affidavit to SC

By Shamindra Ferdinando

Former General Secretary of the Communist Party D.E.W. Gunasekera in an affidavit given to the Supreme Court in respect of the controversial Section 99A of the Constitution that dealt with National List appointments has alleged that the then Speaker, the late E.L. Senanayake, perpetrated an unprecedented constitutional fraud by signing a smuggled in 14th Amendment into the Constitution, instead of what was passed by Parliament.

In the July 11, 2021 dated affidavit, ex-lawmaker Gunasekera said that the Speaker’s action violated Articles 82 (5), 82 (6) and 125 of the Constitution. This written declaration made under oath is a key ingredient in a petition filed by public interest litigation activist and General Secretary of Vinivida Peramuna, Nagananda Kodituwakku, against the appointment of Ven. Atureliye Rathana (42 respondent), UNP leader Ranil Wickremesinghe (43 respondent) and Basil Rajapaksa (44 respondent) on the National Lists of the Ape Jana Bala Pakshaya, UNP and SLPP, respectively.

Referring to the first petition filed by him in this regard, lawyer Kodituwakku told The Island that a second petition on the same matter expanded the list of respondents from 12 to 45. The respondents included, members of the Election Commission, former Chairman of the EC Mahinda Deshapriya (2 respondent), who is the current Chairman of the Delimitation Commission and the Attorney General.

Vinivida Peremuna hasn’t so far received recognition as a registered political party. According to the petitions made available to The Island, the Supreme Court has been moved in terms of Articles 82 (6), 125 and 126 of the Constitution.

Petitioner pointed out that Ven. Rathana and Wickremesinghe had been accepted by the EC as NL members in violation of the stipulated 7 day period for such appointments, whereas US citizen Basil Rajapaksa wasn’t included in the SLPP NL nor or on any district list at the last general election.

EC Chairman attorney-at-law Nimal Punchihewa (3 respondent) told The Island that the 20th Amendment to the Constitution enacted in Oct 2020 abolished foreign citizenship being an impediment to enter Parliament on the NL. A vacancy created by the resignation of SLPP NL member Jayantha Ketagoda (30 respondent) has been filled by Basil Rajapaksa in terms of the Section 64 (5) of the Parliamentary Election Act No 01 of 1981 as amended by the Act No 35 of 1988.

The Parliament consists of 196 elected and 29 appointed members. Following the last general election held in August 2020, 29 NL seats, in terms of the countrywide votes received by political parties have been allocated to seven with the SLPP being the largest beneficiary. The SLPP obtained 17 NL slots whereas the SJB followed with 7. Five other political parties shared the remaining six seats.

Petitioner Kodituwakku has argued that the direct violation of Article 82 (5) made 99A introduced through fraudulent means nonexistent. According to the petition Article 99A had been produced by the Parliamentary Select Committee on Franchise and Election appointed by the Speaker on July 08, 1983. The said Article had been submitted to the Parliament on March 08, 1988 after 5 years of deliberations. The Article 99A introduced by the said 14th Amendment Bill was a verbatim of the Article 99A approved by the said Select Committee in which there was no provision at all for nominations of any person outside the names published under Article 99A for the information of the voters, which had been confirmed by the Chairman of the Select Committee, Ranasinghe Premadasa, the, then Prime Minister, who presented the14th Amendment Bill to the Parliament on May 03,1988.

The petitioner sought the appointment of a Special Bench in terms of Article 132 (3) (iii) to hear and determine the application on the basis of it being of public and national importance. The petitioner also requested for the repealing of the 14th Amendment.

All News Advertisement

Latest News

Landslide Early Warnings issued to the Districts of Kandy and Nuwara Eliya extended

Published

2 hours ago

2026/02/13

Priyan

The landslide early warnings issued to the Districts of Kandy and Nuwara Eliya by the Landslide Early Warning Center of the National Building Research Organisation [NBRO] have been extended until 0600 hrs on the 14th of February 2026.

Accordingly,
The Level II [AMBER] landslide early warnings issued to the Divisional Secretaries Divisions and surrounding areas of Walapane and Nildandahinna in the Nuwara Eliya district and

the Level I [YELLOW] landslide early warnings issued to the Divisional Secretaries Division and surrounding areas of Pathahewaheta in the Kandy district have been extended till 0600AM on Saturday [14]

News

Royal Navy of Oman Vessel “SADH” departs island

Published

9 hours ago

2026/02/13

Priyan

The Royal Navy of Oman Vessel “SADH” which arrived in Sri Lanka for replenishment purpose, departed the island on 12 Feb 26.

In accordance with naval tradition, the Sri Lanka Navy extended a customary farewell to the departing ship.

Latest News

“We will not make decisions for rural level schools while sitting in Colombo” – PM

Published

10 hours ago

2026/02/13

Priyan

The Minister of Education, Higher Education and Vocational Education Prime Minister Dr. Harini Amarasuriya stated that aligning with the development activities carried out under the new education reforms, decisions at the rural level will not be taken from Colombo and plans should be sent based on the requirements of the rural level through the District Coordination Committees by structural committees. She further noted that all officials, from the Ministry of Education down to the school level, must commit to working efficiently and with a human-centered approach.

The Prime Minister made these remarks while addressing a discussion held with education authorities of the Hambantota District on Thursday [February 12] at the auditorium of the Hambantota District Secretariat regarding the new education reforms and prevailing issues in the education sector.

During the meeting, the Prime Minister provided an opportunity for education authorities including chief prelates of pirivenas, zonal education directors, teacher advisors, and principals to present the challenges they face and officials raised concerns including salary disparities among principals, developing school infrastructure, issues arising from the division between national and provincial schools, and uplifting pirivena education.

Further elaborating, Prime Minister stated:

“The new education reforms were initiated from 2025 through dialogue, consultations, and the collection of necessary data. As officials, you have extended your support to us during this process. We have embarked on a difficult and long journey, and we look forward to your continued cooperation.

We initiated these reforms in response to a strong social demand. Many have attempted such reforms at different times. Within our political vision, we understood clearly that if this country is to be rebuilt, an educational transformation is essential. The human resource is the most valuable resource of this country and it should be nurtured properly.

Solutions to many of the crises our country faces lie within the education system. Addressing the issues in economic challenges, social issues, drug abuse, violence, the breakdown of political culture, corruption, waste, and even the deterioration of human relationships all lie within the education.

In order to achieve the transformation we envision as a government, that an education transformation is necessary.

This education system should focus on reducing the pressures within the system, minimize school dropouts, increase employability, and instill confidence in children about their future.

There are disparities within the school system, between rural and urban schools, national and provincial schools, and difficult schools. This should not happen. All children must have equal opportunities.
⁣
Decisions regarding the establishment of schools or expansion of classes should not be political decisions. They must be decisions taken through Structural Committees. Those representatives understand their divisions, village economies, and population dynamics. Based on your decisions and assessments of needs, prepare the plans, discuss them with the District Coordination Committees, and submit them to us. We will then take steps to provide the necessary allocations and other support. We will not make decisions for the rural level while sitting in Colombo.

We are taking steps to minimize salary disparities. A Cabinet paper regarding the salary anomalies of principals has already been prepared for submission. Steps are also being taken to introduce new reforms in pirivena education through the Pirivena Committee of the Ministry of Education. We require the support of the chief prelates in this regard.

A significant number of teachers turn to human rights due to delays caused by inefficiency. Therefore, all officials from the Ministry of Education down to the schools must commit to working efficiently and in a humane manner”

The discussion was attended by Chief prelates of pirivenas, deputy ministers, Members of Parliament, zonal directors, principals, and other education sector officials.