Court gives go ahead for cluster polling booths
 

by Wasantha Ramanayake

The Supreme Court after considering two fundamental rights applications yesterday issued an interim order permitting to hold the Presidential Election for voters of LTTE controlled areas in the cluster polling stations.

In terms of the order, the election is to be held subject to ten fold safeguards proposed by the Commissioner and modified by the court having heard the submissions by counsel. The Bench comprised Chief Justice Sarath N. Silva PC and Justices Nihal Jayasinghe and Nimal Gamini Amaratunga.

The court upholding the contention of the petitioner's counsel extended the minimum distance up to 1 km between the "line of control" and the cluster polling stations.

The counsel argued that the minimum distance of 500 m as proposed by the Commissioner was not enough to canvass the support of the voters since such canvassing within the distances of 500 m from the polling stations was prohibited.

The counsel submitted that since they were not allowed to canvass in the LTTE held areas, they need the opportunity for some canvassing at least on the election date.

The Court also held that if a person with an official poll card and without any means of identifications was challenged or relevant election officials had suspicions, the official should question such person to enure that he\she was not impersonating. The petitioners submitted that in the previous election bundles of poll cards had been distributed among the persons who had come to vote and contended that voters should have a valid form of identity.

The court observed that in the absence of the regular postal service in the LTTE held areas, that there was no guarantee the person who was in possession of the poll card was in fact the registered voter.

The Court observed that President's counsel K.N. Choksy for Intervenient petitioner UNP leader Ranil Wickremesinghe submitted that there should be no requirement for a person to identify himself when a poll card was produced. He submitted that even if there was any doubt as to the identity of such a person, he should be given a ballot on making a declaration in terms of the election law.

The court observed that the counsel for the petitioners contended that the such declaration would not serve any purpose since the person would return to the LTTE controlled areas and would not be subject to any applicable law.

The Court also held with the contention of the petitioners that transport should be provided from LTTE controlled areas to the Line of Control and there upto cluster polling stations which would give an opportunity for canvassing.

The court observed that the ten fold safeguards would introduce a degree of artificiality to the electoral process.

"The procedure contains elements of robotic exercise far removed from the freedom and vibrancy of a democratic election. However, it was necessary to introduce these safeguards to ensure a free exercise of franchise within the framework of the prevalent conditions."

Sri Lanka Progressive Front presidential candidate Peter Nelson Perera and Leader of the Sri Lanka National Front, Presidential candidate Wimal Geeganage filed rights petitions complaining that there was an imminent infringement to their rights as the Election Commissioner Dayananda Dissanayake was taking steps to establish polling stations in LTTE controlled areas.

The petitioners cited Election Commissioner Dayananda Dissanayake, IGP Chandra Fernando, Army Commander Shantha Kottegoda and the Attorney General as the respondents. President's Counsel D.S. Wijesinghe and Wijedasa Rajapakse with S. Wijewardene appeared for Peter Nelson Perera.Manohara de Silva with W.D. Weeraratne and Udaya Gammanpila appeared for Wimal Geeganage.Deputy Solicitor General Shavindra Fernando appeared for the Commissioner.

President's Counsel K.N. Choksy with Daya Pelpola and Roland Perera appeared for UNP leader Ranil Wickremasinghe.Sanjeewa Jayawardane appeared for PAFFREL and Centre for Monitoring Election Violence.

M.A. Sumanthiran with Viran Corea appeared for Centre for Policy alternatives.

Attorney-at-Law W.D. Weeraratne filed a petition for the Presidential Candidate.