Victor Ivan and seven others file FR against General Election

Former Ravaya newspaper Editor Victor Ivan and seven others has filed a Fundamental Rights petition in Supreme Court seeking an order quashing the Extraordinary Gazette notification declaring the General Election on June 20.

Eight petitioners senior journalist Victor Ivan, T.M. Premawardana, Prof.Anton Meemana, A.M Jiffry, S. Sivagurunathan, Mahinda Hattaka, M.S Jayakodi and Dr H.D.S.F.D Hearth had cited Attorney General, Election Commission Chairman Mahinda Deshapriya and its members N. J. Abeysekera and Ratnajeevan Hoole as respondents.

The petitioners state that in terms of the law and the Constitution, elections must be held and a new Parliament summoned within three months of the dissolution of Parliament.

The petitioners further state that the said Parliament was dissolved on or about 2nd March 2020; the 25th of April was nominated as the date for elections; and the new Parliament was summoned to meet on 14th May 2020 in terms of Gazette Extraordinary No. 2165/08 of 2nd March 2020. Thereafter on or about 20th April 2020, the Election Commission purported to appoint 20th June 2020 as the date for holding of the poll to the effect that a new Parliament would not sit within three months of dissolution, and the country would be deprived of a Parliament for a period beyond the maximum permissible limit.

The petitioners further state that the Sovereignty of the People would be fatally undermined were Parliament to remain dissolved for more than three months.

They state that the need for Parliament to function is more pronounced than ever in the face of a national crisis such as the present one, especially given the provisions of the Public Security Ordinance read with the Constitution, the potential need for new legislation and the need for legislative oversight of the executive.

The petitioners said that in any event a free and fair election cannot be held on 20th June 2020 in view of the COVID-19 pandemic and measures taken in respect of the same.