The Court of Appeal yesterday (7) upheld the
Attorney General’s objection, to the UNP’s seeking interim
relief against holding Local Government Elections, as not
proper.
Senior State Counsel N. G. Pulle appearing for
the Commissioner of Elections and the Attorney General stressed
that the UNP had not asked for interim relief to postpone the
polls in the prayer to the basic petition seeking prohibition on
holding the polls on the Electoral Register of 2004.
Counsel Pulle said the petitioners had filed a
subsequent affidavit asking only for interim relief but the
petitioner had not asked for interim relief in the prayer of the
petition. The Court had to consider the petition before it.
Since notice had been issued on the respondents
in respect of the petition already filed, the Court advised the
petitioner to withdraw the petition and file a fresh petition
and ask for interim relief in it.
Petitioner accordingly withdrew the petition. I
t was proforma dismissed. Senior Counsel for the
petitioner K. N. Choksy P.C., told Court that the fresh petition
was to be filed by yesterday afternoon. The petition is listed
to be heard today.
The Bench comprised Justice K. Sripavan and
Justice Sisira de Abrew.