Petition filed by DEW Gunasekara against appointing defeated candidates to parliament dismissed
The fundamental rights petition filed by Communist Party Leader D.E.W. Gunasekera against the appointment of defeated candidates to Parliament through the UPFA national list was dismissed today.
The petition was taken before a bench of Supreme Court Judges chaired by Chief Justice K. Sripavan.
The Election Commissioner, the Attorney General and 11 candidates who were defeated in the last general election but appointed to parliament through the UPFA national list were mentioned as respondents.
Lawyers appeared for the petitioner, referring to the 14th Constitutional Amendment which was presented to parliament by the then prime minister late Ranasinghe Premadasa continuously argued defeated candidates cannot be appointed to parliament.
At the same time, lawyers of the respondents argued that the particular Amendment has been passed by parliament thereby becoming an Act.
They argued that such an Act cannot be challenged by a petition.
Having considered the facts presented by both factions, the bench dismissed the petition.
The Chief Justice stated the Supreme Court has no power to issue orders after Speaker of parliament put his signature to the document.