A Fundamental Rights petition challenging the appointment of Field Marshal Sarath Fonseka to Parliament from the UNP was dismissed today by a three-member Supreme Court bench headed by the Chief Justice.
The petition had been filed by the Centre for Policy Alternatives in February.
Through the petition, the CPA argues that the appointment violates Statute 99 (a) of the Constitution of the Democratic Socialist Republic of Sri Lanka since Fonseka was not named in the UNP national list or a UNP district candidate list in the 2015 August General Election.
However, the Supreme Court noted that the provisions in the Parliamentary Elections Act allow a party General Secretary to appoint a member of the party in the case of the demise of a national list MP. The provisions of the constitution are valid for the initial appointment after a General Election, the court observed.