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Presidential election petition 2010

Sarath Fonseka,

No. 6, 37th Lane,

Queen’s Road,

Colombo 3.

And presently detained at

The Navy Headquarters,

Colombo 1.

PETITIONER

S.C. PRESIDENTIAL ELECTION

PETITION NO. /2010

Vs.

1. Mahinda Rajapaksa,

"Temple Trees", Galle Road, Colombo 3.

2. Mohomed Casim Mohomed Ismail, No 118, Soysa Watta, Welisara, Ragama.

3. Achala Ashoka Suraweera, Susiri Place, Muruthalawa.

4. Channa Janaka Sugathsiri Gamage, No 51, Piliyandala Road, Maharagama

5. W. V. Mahiman Ranjith, No. 3, 34th Lane, Queen’s Road, Colombo 3.

6. Anura Liyanage, No. 7, Sumner Place, Colombo 8.

7. Sarath Manamendra, No. 50, Ketawalamulla Lane, Colombo 9.

8. M.K.Sivajilingam, Ammankoviladi, Velvetithurai.

9. Ukkubanda Wijekoon, No. 24/6, 4th Lane, Pitakotte, Kotte.

10. Lal Perera, No. 7/9B, Sewana Mawatha, Gangabada Road, Suwarapola, Piliyandala.

11. Sirithunga Jayasuriya, No. 57/7, D.S. Fonseka Road, Colombo 5.

12. Wickramabahu Karunarathne, No. 17, Barrack Lane, Colombo 2.

13. Idurus Mohomed Ilyas, No 68, Masjid Road, Puttalam.

14. Wije Dias, No. 301 1/1, Main Road, Aththidiya, Dehiwala.

15. Sanath Pinnaduwa, No. 240/1 D, Boralugoda, Athurugiriya.

16. M.M. Mohomed Musthafa, No 16, Ramakrishna Road, Colombo 6.

17. Battaramulla Seelarathana Thero, No 185/B, Dewala Road, Thalangama South, Koswatta, Battaramulla.

18. Senarathne De Silva, No 5/B, Webada Road, Negombo.

19. Aruna de Soysa, "Susiri", Nape, Kosgoda.

20. Upali Sarath Kongahage, No. 02, Community Road, Obehena Road, Madiwela.

21. Muthubandara Theminimulla, No. 3/1, Sanghamitta Mawatha, Kandy.

22. Dayananda Dissanayake, Commissioner of Elections, Elections Secretariat, Sarana Mawatha, Rajagiriya.

23. Razik Zarook PC, 31/1 Horton Place, Colombo 7.

24. Kalinga Indatissa, 325 1/2, Thimbirigasyaya Road, Colombo 5.

25. Hudson Samarasinghe, Chairman, Sri Lanka Broadcasting Corporation, Torrington Square, Colombo 7.

26. Wimal Weerawansa, 21/1, Asoka Mawatha, Jayanthipura, Battaramulla.

RESPONDENTS

TO: HIS LORDSHIP THE CHIEF JUSTICE AND THE OTHER HONOURABLE JUDGES OF THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA.

On this 15th day of February 2010.

The Petition of Sarath Fonseka the Petitioner above named, whose name is subscribed below, respectfully states as follows:-

1. The Petitioner, Sarath Fonseka, is a person who was a candidate at the above election, and claims to have had a right to be returned or elected at the above election.

2. Consequent to a Proclamation made under Article 31 (3a))(a)(i) of the Constitution of the Democratic Socialist Republic of Sri Lanka, an Election for the office of President of the Republic of Sri Lanka was held on the 26th day of January 2010. The candidates who contested the said election are those whose names are set out hereinafter at paragraph 4, namely, the Petitioner and the 1st to 21st Respondents above named.

3. The 1st Respondent above named, who was the candidate nominated by the United People’s Freedom Alliance (hereinafter referred to as the UPFA), was declared elected in terms of Section 56 of the Presidential Elections Act No. 15 of 1981, by Gazette Extraordinary No. 1,638/10 dated 28th January 2010 issued under the hand of the 22nd Respondent, Commissioner of Elections, notifying the result of the said Election.

4. Set out hereunder are the votes polled by each of the candidates who contested at the said election, as declared by the 22nd Respondent, Commissioner of Elections:-

 

5. The 22nd Respondent is made a party hereto in view of the averments hereinafter contained in respect of the conduct of the said Election.

6. The 23rd, 24th, 25th & 26th Respondents have been made parties hereto as they have committed the corrupt practices as pleaded in paragraphs 16(B) & 16(C) hereof as agents of the candidate, the 1st Respondent. The 20th Respondent has already been made a party hereto and also has committed the corrupt practices as pleaded in paragraphs 16(B) & 16(C) hereof as an agent of the candidate, the 1st Respondent.

GROUNDS

7. The Petitioner states that the Election of the 1st Respondent to the Office of President of Sri Lanka is void and/or undue on any one or more of the following grounds:

(a) That by reason of the occurrence of the incidents and the commission of the acts set out in paragraph 8 hereof, there was General Intimidation as stated in Section 91 (a) of the Presidential Elections Act, by reason of which the majority of voters were or may have been prevented from electing the candidate whom they preferred, namely, the Petitioner.

(b) That by reason of the occurrence of the incidents and the commission of the acts set out in paragraph 9 hereof, there was General Treating as stated in Section 91 (a) of the said Act, by reason of which the majority of voters were or may have been prevented from electing the candidate whom they preferred, namely, the Petitioner.

(c) That by reason of the occurrence of the incidents and the commission of the acts set out in paragraph 10 hereof, there was General Bribery as stated in Section 91 (a) of the said Act, by reason of which the majority of voters were or may have been prevented from electing the candidate whom they preferred, namely, the Petitioner;

(d) That by reason of the occurrence of the incidents and the commission of the acts set out in paragraphs 11 and 12 hereof, which constitute other misconduct and other circumstances as stated in Section 91(a) of the said Act, by reason of which the majority of voters were or may have been prevented from electing the candidate whom they preferred, namely, the Petitioner;

(e) That by reason of the Non-Compliance with the provisions of the said Act relating to the Election as stated in Section 91 (b) of the said Act, for the reasons set out in paragraph 13 hereof, the aforesaid Election was not conducted in accordance with the principles laid down in the provisions of the said Act, and that Non-Compliance affected the result of the Election;

(f) That by reason of the corrupt practices as set out in paragraph 14 hereof, the 1st Respondent is guilty of the corrupt practice of treating under Section 77 read together with Section 91(c) of the Presidential Elections Act.

(g) That by reason of the corrupt practices as set out in paragraph 15 hereof, the 1st Respondent is guilty of the corrupt practice of bribery under Section 79 read together with Section 91 (c) of the Presidential Elections Act.

(h) That by reason of the corrupt practices set out in paragraph 16(A) hereof, the 1st Respondent is guilty of the corrupt practice of making false statements under Section 80(l)(c) read together with Section 91 (c) of the Presidential Elections Act.

(i) That by reason of the corrupt practices set out in paragraphs 16(B) & 16(C) hereof, the said agents of the 1st Respondent named therein, namely the 20th, 23rd, 24th, 25th & 26th Respondents, are guilty of the corrupt practice of making false statements under Section 80(1)(c) read together with Section 91 (c) of the Presidential Elections Act.

8. GENERAL INTIMIDATION : CONCISE STATEMENT OF MATERIAL FACTS ON WHICH THE PETITIONER

RELIES

There was general intimidation committed in connection with the election. This consisted of acts of intimidation. These acts of intimidation are set out below.

DATE OF COMPLAINT DISTRICT & ELECTORATE INCIDENT/COMPLAINT

23.12.2009 - Puttalam / Chilaw - Wife of UNP Janabala Secretary M D Jude Nishantha assaulted by unknown thugs requiring medical attention in Mundel Hospital for head injuries. Complaint made to Mundel Police.

24.12.2009 - Kurunegala/Alawwa - Dec. 20, 2009: Group of UNP workers campaigning for the Petitioner were assaulted by unknown thugs in Alawwa Town early morning. Police action not taken.

24.12.2009 - Ratnapura/Kalawana - UNP Local Government Group Leader Shayanaka Molligoda’s Tippers bearing Nos. SGLA 7913 and SLGE 0096 stoned by UPFA thugs. Complaint made to Kalawana Police about 10 persons who were involved in stoning. No action taken by Kalawana Police.

24.12.2009 - Vanni/Vavuniya - Group of unknown UPFA workers unlawfully entered the IDP Camp at Settikulam and threatened the refugees and demanded that they vote for the 1st Respondent or else that they all will be killed if they campaign for the Petitioner.

24.12.2009 - Matale/Dambulla - UNP Office at Kumbukkandanwela damaged by unknown thugs. UNP Janabala workers threatened with death. Incident reported to Sigiriya Police but no action taken.

24.12.2009 - Matale/Dambulla - UNP Election office at Kumbukkadawala has been attacked by UPFA thugs.

24.12.2009 - Ratnapura/Kalawana - Shooting at and stoning the two Tippers belonging to Jayanatha Molligoda PS Member of Kalawana and a complain has been made to the Kalawana Police.

24.12.2009 - Vanni/ Vavuiyawa - A group of persons who came from Colombo entered the camp illegally, got the inmates of the Ananda Kumaraswami IDP Camp to gather at one place and threatened to kill them unless they vote for the 1st Respondent.

26.12.2009 - Hambantota/Tangalle - Dec. 25 night: UPFA thugs have damaged the residence of W A Francis at Weeraketiya, Hakuruwela, active supporter of the Petitioner. Estimated damage to premises around Rs.75,000/- and ejected the residents. Complaint to Weeraketiya Police.

28.12.2009 - Polonnaruwa/Polonnaruwa - Inspector Polonnaruwa Police has requested that all Police Officers/Policemen to bring at least ten Civil Defense persons to be involved in the election campaign of the 1st Respondent.

29.12.2009 - Kalutara/Bandaragama - During the protest staged in Bandaragama on the arrest of Rev. Dambara Amila Thero, UPFA thugs attacked the protestors and injured over 10 of the protestors causing hospitalisation due to injuries. Complaint made at Police Station Bandaragama.

29.12.2009 - Mahanuwara/Nawalapitiya - H.M. Manjula Bandara of Nawalapitiya has been attacked by thugs roaming about intimidating the voters.

30.12.2009 - Matara/Matara - Petitioner’s party office maintained by local UNP workers, attacked at 01.30 a.m. by UPFA thugs who came in a white van. Offenders have shot into the air with weapons and chased off the party workers who were in the office.

30.12.2009 - Matara/Matara - UNP Election offices situated at Makevita and Nagaha Junction has been attacked by thugs who came in white vans around 1.30 in the morning.

31.12.2009 - Anuradhapura/Mihintale - Rathnapala, resident at Sivalakulama, Puliyankulama in the Galenbindunuwewa electorate has been shot at using a firearm issued to farmers and caused damages. These firearms may be used for further election violence.

02.01.2010 - Gampaha/Kelaniya/ Kiribathgoda - Attack by thugs on SF supporters engaged in canvassing the voters legally.

03.01.2010 - Gampaha/Wattala - Attacking PS Member Malcolm Perera while he was riding a motor bicycle by a group of thugs of the UPFA who came in vehicle number GG-6677.

03.01.2010 - Colombo/Kelaniya - Attacking the group of people who were engaged in canvassing for SF in Kiribathgoda in Kelaniya and damaging vehicles by unknown thugs.

03.01.2010 - Kandy/ Nawalapitiya - Attack by an armed gang of over 100 persons on about 150 persons who were engaged in the distribution of Petitioner supporters who were canvassing for the Petitioner.

10-1-2010 - Galle/Hikkaduwa - A. G. Sirisoma was attacked and assaulted by unknown persons.

11-01-2010 - Galle/Hiniduma - UNP Pradeshiya Sabha Members, namely, Premalal Liyanage, Mangala Liyanage, P. Widuramarasinghe, M. Dayaratne were assaulted causing injuries and damaged the vehicle by PA thugs.

11-01-2010 - Galle/Karandeniya - Office in Mahagoda, Madakumbura, Kekiriya Junction, Mandorawala, Kurundugaha, Uragasmanhandiya were attacked and damaged.

11-1-2010 - Galle/Karandeniya - UNP supporter Hewage Nuwan was assaulted by UPFA thugs.

11-01-2010 - Gampaha/Minuwangoda - Election Office that was operated at the house of Leelananda Padmasiri in Medagampitiya, Divulapitiya was attacked and destroyed.

12-1-2010 - Hambantota/Beliatta - House of Senanayaka was damaged using firearms.

12-1-2010 - Kurunegala/Galgamuwa - R. Piyadasa was assaulted.

12-1-2010 - Batticaloa/Kalkuda - Hand Grenade was thrown and Kalkuda exploded.

13-01-2010 - Polonnaruwa/Minneriya - M.G. Wasantha, Prematissa, Kamani Kulawardena were assaulted.

13-1-2010 - Polonnaruwa/Polonnaruwa - A.M. Somadasa was assaulted and his home and lorry were damaged.

13-01-2010 - Matale/Dambulla - Election Office of Petitioner at No. 786 B, Dambulla - Anuradhapura was attacked and damaged for six times.

13-1-2010 - Colombo/Kolonnawa - UNP supporters were assaulted by UPFA thugs in White Van.

14-01-2010 - Kurunegala/Dodamgaslanda - UNP Office was attacked and damaged by UPFA thugs.

14-01-2010 - Kandy/Kundasale - UNP supporter D.K. Nawaz was intimidated through a telephone call.

14-01-2010 - Colombo/Kolonnawa - UNP Urban Council Member Kamal Jayakody and his supporters were assaulted and were hospitalised.

14-01-2010 - Matara/Kamburupitiya - UNP Election Office was attacked and damaged.

14-01-2010 - Moneragala/Wellawaya, Habawa-luwewa - UNP Office was attacked and damaged.

14-01-2010 -Hambantota/Beliatta - M.Dayasena, D.D. Ranjith, V.A.K. Sarath, S. Agampodi, H.K. Chaminda Ariyapala and Gunadasa were assaulted causing injuries and some of them were hospitalised. Houses of Upali Palihakkara, Arman Perera, Dananjaya Senanayake were attacked and damaged. Election Office in Vijayasiripura, Godawela, Kambussawela were attacked and damaged. Kusumawathie Kuruppuarachchi, mother of 2, was shot dead on the way from a meeting of the Petitioner’s supporters and others got injured in Tissamaharamaya.

14-01-2010 -Polonnaruwa/Medirigiriya - Election office at Divutakkadawela was attacked and one Chandrasekara who was there was assaulted causing injuries.

15-01-2010 - Galle/Ambalangoda - UNP Polling Agent D.M. Darshana was assaulted and was hospitalised

15-01-2010

Polonnaruwa/Polonnaruwa - UNP supporter K. Prasad Hemantha’s House and Rice Milt was attacked and damaged by UPFA thugs.

15-01-2010 - Kegalle/Kegalle - Public Meeting was attacked by UPFA thugs.

15-01-2010 - Galle/Karandeniya - Eight Election Offices of the Petitioner in operation in Karandeniya were destroyed.

-Kandy/Naula Menikhinna - Petitioner’s supporter Siththi Basha’s house was attacked and destroyed.

15-01-2010 - Kandy/Kundasale - Election Offices were attacked.

 

-do- - Nawalapitiya - Chairman of Vtakadeniya UNP branch office was assaulted causing injuries

-do- Matara/Matara - Parliamentarian Sagala Rathnayake’s Office in Matara was attacked and destroyed. Police entries have been made.

16-01-2010 - Balangoda - Area residents of Viliyawaththa. threatened by UPFA thugs

16-01-2010 - Anuradhapura/Horoupathana - Election Office of the area was attacked and damaged. A. Dinapala was assaulted by unidentified persons

16-01-2010 - Anuradhapura/Nochchiyagama - Three wheeler of Nishantha Sujeewa Bandara was damaged

16-01-2010 - Puttalam/Anamaduwa - U.N.P. Pradeshiya Saba Member R. M. Ajantha Sadaruwan’ shop and Petitioner’s Office was set on fire and destroyed by people using T56 guns.

16-01-2010 - Polonnaruwa - Houses of D.G. Ranasingha, H.A. Darmarathne, S. K. Kulawardana, Miss M.S. Kamani Kumari, Sunil Senarathna, Fedrick Punchi Hewa, Nevil Wera Kumara, K. Premathilaka, T.M. Jayalath, Wasantha Kumara were attacked and damaged by thugs on 13th and 14th of January 2010.

16-01-2010 - Polonnaruwa/Polonnaruwa - House of UNP National Youth Front Nilanka Punchihewa was set on fire.

16-01-2010 - Anuradhapura/Kalawewa - Petitioner’s Election Office at Kalunduwa Thambuththegama, Rajanganaya Road was attacked and destroyed.

-do- Colombo/Kolonnawa - House of the Chairman of Urban Council was attacked, UC Member’s hose attacked. And Opposition Leader of Kotikawaththa-Mulleriyawa was attacked and damaged.

-do- Gampaha/Biyagama - UNP activist, Sirisena Panawala’s house was attacked and inmates were intimidated.

17-01-2010 - Batticaloa/Padiruppu - Eleven supporters of Sarath Fonseka were assaulted by UPFA thugs.

17-01-2010 - Rathnapura/Rakwana - U.N.P. supporter H.N. Hemadasa’s house was attacked and valuable goods were destroyed by unknown gangs

17-01-2010 - Gampaha/Attanagalla - Fifteen incidents were reported in this area from 16-12-2009 to 12-01-2010 (destroying cutouts of Sarath Fonseka, attacking supporters houses by P.A. supporters)

17-01-2010 - Puttalam/Kalpitiya - Patrick Perera a supporter of Sarath Fonseka was assaulted by People’s Alliance supporters and hospitalised with injuries.

17-01-2010 - Rathnapura/Rakwana - Sarath Fonseka’s Election Office was destroyed and those who were there were taken as hostages.

17-01-2010 - Kurunegala/Kurunegala - Election Office at Major. Milton Gunawardana’s building was destroyed.

17.01.2010 - Anuradhapura/Kalawewa - PA thugs came in three vehicles( Nos. 54- 5830 black Fargo, 51-0786 White Town ace and 325-3356 Double Cab) and caused damages to property of Petitioner’s supporters.

17.01.2010 - Galle/Ambalangoda - The house of Harrison Petitioner’s supporter, living behind the Police station at Ambalangoda had been attacked by a group of thugs of the PA. They have assaulted the inmates of the house too. 5 people of this house had been hospitalised.

17.01.10 - Kandy/Ududumbara - On 16th January 2010 the Artist returning after meeting caused damages to the UNP Office situated at Hasalaka in front of the house of Y.A.Piyadasa travelling in vehicle

No.32 Sri 1352. They also threatened the wife of Piyadasa.

17.01.10 - Anuradhapura/Thambutthegama - Several thugs attacked the UNP Office at Ragina Junction at Thambutthegama and also attacked the record bar close to the UNP office and robbed money and the items belonging to the ‘record bar.

17.01.10 - Kandy/Hasalaka - The Security Inspector of the CTB Depot at Hasalaka one Mr. R M P G Navaratne assaulted by thugs.

17.01.10 - Anuradhapura/Talawa - At about 1 p.m. Lakshman Jayatilleke of Talawa, Gangasiripura was not well and resting at home when threatened by UPFA thugs, who also robbed the cash in the house.

18.01.10 - Kurunegala/Wariapola - On 18.01.2010 between 12 and I am at Ambakadawara Kanatte Wewa, Wariapola. about 15 thugs of the UPFA had assaulted some supporters of General Sarath Fonseka and killed one Dammika Herath by hitting him with iron rods on the head.

18.01.2010 - Kegalle/Aranayake - The owner of Rajapaksa stores and two of his brothers, Petitioner’s supporters, had been assaulted and they have taken treatment from the hospital.

18.01.10 - Gampaha/Mahara - On 17.01.2010 at about 2.30 a.m. the house of Mr. KBSM Jayasiri which is situated at Rodahenawatta, Henagama was stoned and the roofing sheets were damaged.

18.01.10 - Kurunegala/Mawathagama - At about 1. a.m. a crowd of thugs had come armed with weapons to the house of Mr. Ajith Rohana, the Chief Organiser of the UNP situated at Wellawa Maha kandegama and threatened the people in the house with death and caused damages.

18.01.10 - Kurunegala/Mawathagama - About 50 thugs came in 3 vehicles to the Nape Junction at Mawathagama and caused damages to the Office of Petitioner.

19.01.10 - Kandy/Gampola - The UNP Office at No.42 Angammana, Gampola or TB Panabokke Mawatha, had had been attacked by some thugs and two cut-outs of General Fonseka and the electrical switches damaged.

19.01.20 - Galle/Elpitiya - JVP MP Mr. Gamlath had been assaulted at Gurugodella in Elpitiya by some thugs.

19.01.10 - Hambantota/Mulkirigala - The Blue Brigade members are terrorising the supporters of Sarath Fonseka and threaten to assault them and damage their houses.

19.01.10 - Kurunegala/Bingiriya - On the 16th night a group of thugs assaulted UNP supporters at Bingiriya.

19.01.10 - Matale/Matale - One Lingeshwaran alias TS Weerasinghe Igneswaran who was attending to propaganda work with regard to the meeting which was held on 15.01.10 in support of Gen. Fonseka complained that her husband did not return home after the meeting. The next day his body was found near the rail track in Kandy having been brutally assaulted and murdered

19.01.10 - Polonnaruwa/Dimbulagala - The Office of Petitioner at Dimbulagala Siripura had been attacked.

19.01.10 - Kandy/Nawalapitiya - During the afternoon supporters of Gen Fonseka who were attending to canvassing work in Kurunduwatta Galpaya Nawalapitiya had been assaulted by some PA thugs.

19.01.10 - Kandy/Wattegama - Threats caused to the UNP and JVP supporters working at the CTB depot.

19.01.10 - Jaffna/Kilinochchi - Two people who had been supporting Gen Fonseka in the election campaign had been assaulted by thugs.

19.01.10 - Badulla/Mahiyangana - Jayawardene of Mahapitiya village had been abducted by some PA thugs.

20.01.10 - Colombo/Kaduwela - At about 1.10 am a crowd of people who came in 3 vehicles attacked the election office of the UNP at 112, Bomiriya, Kaduwela and caused damages to the office and robbed several item.

20.01.10 - Trincomalee/Trincomalee - UPFA thugs threatening voters.

20.01.10 - A’pura/Nochchiagama - H Kusumawathie a SF supporter of No 64 Rathanapala Mw, Nochchiagama complains that at 2 am a group of thugs vandalised her shop.

20.01.10 - Galle/Hiniduma - A meeting to be held with police permission in the Nagoda District has been obstructed by UPFA supporters by destroying the decorations and posters.

21.01.10 - Gampaha/Wattala - On the 20th night some people in a white van ha arrived at the Wattala and Ja ela area and have taken the polling cards of the residents by force.

21.01.10 - Kurunegala/Alawwa - PA thug has been terrorising UNP supporters by carrying a T81 weapon in a threatening manner.

22.01.10 - Digamadulla/Pottuvil - MP Chandradasa Gatappathi and MP Wasantha Piyatissa were distributing election leaflets from Ampara to Akkaraipattu, Tirukovil and Pottuvil just before the Akkaraipattu town when attacked by UPFA thugs.

22.01.10 - Galle/Hiniduma - Sampath Srilal and about 20 others were injured and were taken to the Hiniduma hospital.

22.01.10 - Gampaha/Kalagedihena - EA Siripala of Sapugastenne, Kalagedihena and Namatissa along with some friends were assaulted by an unknown group of people when they went canvassing for SF.

22.01.10 - Batticaloa/Nth/Sth - UPFA thugs intimidating the voters in Puttalam north and south areas.

22.01.10 - Ratnapura/Ratnapura - On the night of the 21st., 12 thugs forced themselves into the houses of the Hakamunwa village. They tore the polling cards and threatened the voters with death if they voted.

22.01.10 - Trinco/Trinco - UPFA thugs terrorising the supporters of the General in the Kappalthurai and Ambuvelupuram areas. District organisers Sivapathan and Polling officer T Vimaleshvari have been threatened with death.

22.01.10 - Matale/Matale - On the night of the 21st RP Dayananda’s residence at Rathgammanman Madawela had been looted and ransacked. He is now in Colombo in fear for his life.

22.01.10 - Kalutara/Horana - To day the following offices of the General have been attacked: Handapangoda, Bathugampola, Mahaingiriya, Ingiriya, Maputugala.

22.01.10 - Digamadulla/Ampara - For the security of the Polling stations in the Digamadullla District, female Police

22.01.10 - Colombo/Kotte - Tiran Alles’ house was bombed. This was done by the UPFA thugs

22.01.10 - Polonnaruwa/Polonnaruwa - On the 17th Jan., some people arrived in vehicle Nos.32 Sri 4010 and 50-2040 to attack the UNP office and the residence at Galtalawa.

23.01.10 - A’pura/Mihintale - AB Arunolis of Ipologama Eppawala was visited by 25 thugs at about 11 p.m. He was told not to work for the General or else he would be killed. They caused minor damage and left.

23.01.10 - Kegalle/Deraniyagala - Petitioner’s offices at Tigala, Dehiowita, Udugampola and Ahettigama were burnt to the ground by UPFA thugs.

23.01.10 - Badulla/Hali-Ela - The UNP Hathakma and Ketawela offices were burnt and destroyed on the night of the 22nd.

23.01.10 - Kalutara/Agalawatte - Petitioner’s office at Urugoda has been destroyed by some people..

26.01.10 - Kandy/Nawalapitiya - School UPFA thugs chased away identified UNP Sarath Fonseka voters at the following polling stations. 1. Dolosbage Junior School, 2. Alagolla Junior School, 3. Senadhikari Junior School, 4. Yatapaana Junior Schoo, l 5. Galpaya.

9. GENERAL TREATING : CONCISE STATEMENT OF THE MATERIAL FACTS ON WHICH THE PETITIONER RELIES

There was general treating committed in connection with the election. The said acts of treating, consisted of the providing and serving food and drink, free of charge. The treating was done by the 1st Respondent, and his servants and agents acting on his instructions. The treating was done at:

(a) "Temple Trees", the officially designated residence of the Prime Minister of Sri Lanka which was illegally occupied by the 1st Respondent as one of his several residences and used as his election campaign office;

(b) President’s House in Kandy; and

(c) President’s House in Anuradhapura.

The treating was done between 23rd November 2009 (date of Proclamation of the election) and 26th January 2010 (date of Election.)

The treating was of the groups of electors mentioned below. Each of the above events had at least 3,000 participants. Some of the Public Officers so treated were officials directly involved in the election process such as Police Officers, Public Sector Trade Union members, and even members of the Attorney General’s Department.

 

These acts of treating are set out below.

7th December 2009 - Recipients of Swarnabhoomi Deeds - Temple Trees

8th December 2009 - Mediation Board officers - Temple Trees

10th December 2009 - Children of Samurdhi beneficiary families - Temple Trees

10th December 2009 - Officers of the State Education Sector - Temple Trees

11th December 2009 - Members of the Women Lawyers’ Association - Temple Trees

12th December 2009 - Attorneys-at-Law (including those from the Attorney General’s Department) - Temple Trees

13th December 2009 - Police Officers - Temple Trees

14th December 2009 - Trade Union members - Temple Trees

14th December 2009 - Artistes - Temple Trees

15th December 2009 - Dairy Farmers - Temple Trees


Mahinda Rajapaksa (1st Respondent) 6,015,934 57.88%

Sarath Fonseka (Petitioner) 4,173,185 40.15%

Mohomad Cassim Mohomad Ismail 39,226 0.38%

Achala Ashoka Suraweera 26,266 0.25%

Channa Janaka Sugathsiri Gamage 23,290 0.22%

W.V. Mahiman Ranjith 18,747 0.18%

Anura Liyanage 14,220 0.14%

Sarath Manamendra 9,684 0.09%

M.K. Sivajilingam 9,662 0.09%

Ukkubanda Wijekoon 9,381 0.09%

Lal Perera 9,353 0.09%

Sirithunga Jayasuriya 8,352 0.08%

Wickramabahu Karunaratna 7,055 0.07%

Idroos Mohomad Ilyas 6,131 0.06%

Wije Dias 4,195 0.04%

Sanath Pinnaduwa 3,523 0.03%

Mohamed Musthaffa 3,134 0.03%

Battaramulle Seetarathana Thero 2,770 0.03%

Senaratna de Silva 2,620 0.03%

Aruna de Zoysa 2,618 0.03%

Sarath Kongahage 2,260 0.02%

M.B. Theminimulla 2,007 0.02%

Valid Votes 10,393,613 99.03%

Rejected Votes 101,838 0.97%

Total Polled 10,495,451 74.49%

Registered Electors 14,088,500


continued tomorrow......

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