AG raises preliminary objections against petitions filed over dissolution of parliament and GE

At the outset of the Supreme Court hearing into the seven Fundamental Rights petition filed challenging the dissolution of Parliament and holding the General Election on 20th June, the Attorney General today raised preliminaryobjections regarding the maintainability of the petitions.

Additional Solicitor General (ASG) Indika Demuni de Silva appearing for the Attorney General informed Supreme Court five-judge-bench comprising Chief Justice Jayantha Jayasuriya, Justices Buwaneka Aluwihare, Justice Sisira de Abrew, Justice Priyantha Jayawardena and Justice Vijith Malalgoda that she is expecting to raise several Preliminary Objections against these petitions.

In her first Preliminary Objection, the ASG submitted to court that these petitions cannot be maintained since they were not filed within the stipulated one month time period (Time Bar).

She further submitted to court that the petitioner has failed to name President as a necessary party to the first petition though the facts have been mentioned about the President on several occasions.

The ASG further stated the petitioners have no right or capacity to institute action (locus standi) through these petitions. She further submitted to court that the relief sought by the petitioners cannot be granted since there are issues relating to the maintainability of the petitions.

ASG Demuni de Silva told court that she is expecting to elaborate these Preliminary Objections in due time.

These petitions are to be taken up for further hearing tomorrow (19).

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