Court cannot interfere with presidential order - Judge

By Chitra Weerarathne

 The Court could not interfere with an order made by the Head of State and the elections to the Northern Province had been declared by the President by a special rule, because polls had not been held in that province for a long time and therefore no functional provincial council there, said Justice S. Sriskandarajah, when a writ application, filed against the provincial council polls in the North, was called before the Court.

The petitioner, Jayantha Liyanage, Secretary of the Sinhala Jathika Peramuna, had said that the demining and resettlement of persons had not been completed and hence, it was too early to hold the election.

The Court advised the petitioners to file in Court a copy of the Presidential Order, to see whether the petitioner’s request clashed with the Presidential Order.

Article 35 of the Constitution conferred immunity to the President, the Court said.

The petition was support by counsel D. Weeraratne. He moved for time till Sept. 18, to re-support after filing the necessary documents.

The Bench comprised Justice S. Sriskandrajah (President) and Justice Malinee Gunerathne.

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