News

Second petition filed against NL appointments naming 45 respondents

Published

4 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.

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News

Colombo Metropolitan Region, Eastern Development Plan and the Greater Hambantota Project discussed in detail

Published

6 hours ago

2025/04/9

Priyan

A meeting between Secretary to the President, Dr. Nandika Sanath Kumanayake and relevant ministry officials was held on Tuesday (08) at the Presidential Secretariat regarding the development plans to be implemented in Sri Lanka under three zones, in collaboration with the Surbana Jurong Institute of Singapore and 18 Ministries.

During the meeting it was discussed in detail regarding the plans for the Colombo Metropolitan Region, Eastern Development Plan and the Greater Hambantota Project. The officials from Singapore-based urban planning and infrastructure consultancy Surbana Jurong also joined the discussion virtually.

Progress reports on the three projects were reviewed in detail and Dr. Kumanayake instructed the officials to identify any deficiencies and finalize the necessary actions within the next two weeks.

The discussion also addressed delays in securing necessary approvals for investments under the existing regulatory framework, as well as the urgent need to revise certain legislative instruments to better facilitate national development.

The meeting was attended by Secretary to the Prime Minister G.P. Saputhanthri, Senior Additional Secretary to the President Russel Aponsu, Secretary to the Ministry of Urban Development, Construction and Housing U.G. Ranjith Ariyaratne, and several senior officials from the respective ministries.

News

Heat index at ‘Caution level’ in Northern, North-central, Eastern, North-western, Western provinces and Monaragala district today [09]

Published

11 hours ago

2025/04/9

Priyan

The Natural Hazards Early Warning Centre of the Department of Meteorology has issued a Warm Weather Advisory for 09 April 2025

The public are warned that the Heat index, the temperature felt on human body is likely to increase up to ‘Caution level’ at some places in Northern, North-central, Eastern, North-western, and Western provinces and in Monaragala district.

The Heat Index Forecast is calculated by using relative humidity and maximum temperature and this is the condition that is felt on your body. This is not the forecast of maximum temperature. It is generated by the Department of Meteorology for the next day period and prepared by using global numerical weather prediction model data.

Effect of the heat index on human body is mentioned below is prepared on the advice of the Ministry of Health and Indigenous Medical Services.

ACTION REQUIRED

Job sites: Stay hydrated and takes breaks in the shade as often as possible.
Indoors: Check up on the elderly and the sick.
Vehicles: Never leave children unattended.
Outdoors: Limit strenuous outdoor activities, find shade and stay hydrated. Dress: Wear lightweight and white or light-colored clothing.

Note:
In addition, please refer to advisories issued by the Disaster Preparedness & Response Division, Ministry of Health in this regard as well. For further clarifications please contact 011-7446491.

News

Sajith asks govt. to submit its MoUs with India to Parliament

Published

15 hours ago

2025/04/9

Sahan Weerasooriya

Prof. Jayasumana raises possibility of Lanka ending up with “Quad’

Opposition and SJB Leader Sajith Premadasa has said it is the responsibility of the NPP government to submit the MoUs/agreements that were recently signed with India to the respective Sectoral Oversight Committees (SOCs).

Premadasa said so when The Island raised the issue with him. He said that during his meeting with Premier Modi his focus had been on opening the Indian market for Sri Lankan garment exports.

The seven MoUs/agreements signed on 05 April included defence cooperation, energy, Eastern Province development and digitalisation.

Meanwhile, the Vice President of Sarvajana Balaya and former lawmaker Prof. Channa Jayasumana said that the government owed an explanation whether the recently signed MoU on defence cooperation directly or indirectly attached Sri Lanka to the Quad security alliance, consisting of the US, Australia, Japan and India.

The former SLPPer raised the issue at a meeting held at Boralesgamuwa on Monday (07) in support of Sarvajana Balaya candidates contesting the May 6 LG polls.

Prof. Jayasumana urged that the MoU on Defence Cooperation be placed before Parliament, and the people, without further delay. The academic who served as State Health Minister during President Gotabaya Rajapaksa’s tenure said that President Anura Kumara Dissanayake’s foreign policy direction should be dealt with.

By Shamindra Ferdinando