Dissolution of Parliament unconstitutional

Supreme Court seven-judge bench headed by Chief Justice Nalin Perera stated that the dissolution of Parliament is unconstitutional, as the President is not allowed to dissolve Parliament before 4.5 years is passed.
The petitions was  filed by political parties including United National Party, Janatha Vimukthi Peramuna, the Tamil National Alliance, Tamil Progressive Alliance and the All Ceylon People’s Congress.
Organisations and activists such as the Centre for Policy Alternatives, Attorney Aruna Laksiri and also a member of Elections Commission Prof. S. R. H. Hoole also filed petitions.
 
Ten members of Parliament representing the ruling party filed a petition seeking permission to intervene in the hearing of the petitions against the dissolution of the Parliament.
This petition was filed by MPs Anura Priyadarshana Yapa, Chamdima Weerakkody, Lakshman Wasantha Perera, Pavithra Wanniarachchi, Sisira Jayakodi, Chandrasiri Gajadeera, John Seneviratne and two others.
The Supreme Court on November 13 had issued an interim order ruling Sirisena’s gazette notification as temporarily illegal and halted the preparations for snap polls. The hearing in the case was concluded last week as the court reserved its judgment.
 
The Supreme Court On December 4, commenced hearing of the petitions challenging the Gazette notification issued by the President to dissolve Parliament
Attorney General Jayantha Jayasuriya making his submissions during the hearings stated that the President’s order to dissolve parliament was Constitutional.
The Attorney General stated the President has power to summon, prorogue and dissolve Parliament in terms of Article 33 (2) (C) of the Constitution. The Proclamation has been made by President using Constitutional powers to exercise people’s franchise rights.
 
On the final day of hearing of the petitions, President’s Counsel S. Kanageswaran, representing the leader of the Tamil National Alliance (TNA) R. Sampanthan, presented submissions on behalf of the petitioners.
He stated that the impunity conferred to the President of the country, under Article 35 of the Constitution, in civil or criminal proceedings has been inhibited to a certain extent by the 19th Amendment to the Constitution.
 
Speaker Karu Jayasuriya has officially conveyed that the House does not recognise Rajapaksa as the legal prime minister until he proves his majority.
The United National Front coalition led by Wickeremesinghe has moved three no-trust motions against Rajapaksa.
 


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