Special Determination fixed for May 23

Petition challenging Registration of Electors:

A Special Determination petition filed by former Member of Maharagama Urban Council challenging the bill titled “Registration of Electors (Special Provisions)” Bill was yesterday fixed for May 23 by the Supreme Court.

The petitioner Nishantha Wimalachandra is seeking a declaration that bill should become law only through a two-thirds majority in Parliament and the approval of the people at a referendum.

The petitioner stated that a bill titled “Registration of Electors (Special Provisions) Bill” was presented to Parliament and placed on the Order Paper of Parliament on May 3, 2017.

The petitioner stated that the long title of the Bill provides it to pass a law to make special provisions to exempt internally displaced persons from certain requirements of the Registration of Electors Act, No. 44 of 1980; and to provide for matters connected therewith or incidental thereto.

The said Bill has been –prima facie – placed in Parliament violating the mandatory procedure as provided for in Article 78 of the Constitution as the Bill had not been published in the Government Gazette in terms of Article 78 of the Constitution, petitioner Nishantha Wimalachandra said. The Petitioner states that the clauses 1, 2, 3, 4, 5, 6, 7, 8, of the Bill are inconsistent with Articles 3, 4, 12(1), 12(2), 78(1), 78(2) of the Constitution.

The special determination petition was filed through senior counsel Kanishka Vitharana and counsel H.M.Tillekaratne. Deputy Solicitor General Janak de Silva appeared for the Attorney General.