Intervenient Petitioner in Writ of Mandamus calls for investigation against ex-Elections Chief

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  • Petitioner Lacille de Silva files intervenient petition in SC
  • Alleges former EC Chairman Mahinda Deshapriya failed to disqualify the current President from contesting the 2019 Presidential Poll
  • Alleges Deshapriya acted unconstitutionally

The Intervenient Petitioner in a Writ of Mandamus filed in the Supreme Court has alleged that the former Chairman of the Election Commission Mahinda Deshapriya had acted unlawfully by allowing the current President Gotabaya Rajapaksa to contest the 2019 presidential poll even though there was no clear evidence he had renounced his US citizenship.

Lacille de Silva is the Intervenient Petitioner in the Writ filed in the SC by Vinivida Peramuna General Secretary Nagananda Kodituwakku. 

The Petitioner states that run-up to the Presidential Election (2019) there had been numerous written complaints presented to the Election Commission that the candidate is chosen by Sri Lanka Podujana Peramuna, Rajapakse is a US citizen and therefore, the Election Commissioner

must ensure that he only allows qualified candidates to contest the election.

The Petitioner states that Deshapriya, who is the sixth respondent, was under a duty to guarantee citizens a free and fair election and to enforce the due process stipulated by the Presidential Election Act No 15 of 1981 ensuring that only qualified candidates would stand the Presidential Election as candidates.

The petition states that the former Election Commissioner had admitted in a telephone conversation, which is available in the public domain, that candidate Rajapaksa had never produced any evidence that he had renounced his US citizenship prior to tender a nomination for the Presidential Election and even on the nomination day i.e. 7 October 2019 and there were other 34 candidates and none of them raised any objection against to the declaration he tendered to the EC  under Section 12 of the Presidential Election Act No 1 of 1985 was false and hence he was disqualified to contest the Presidential Election.

The Petitioner states that Deshapriya had deliberately deceived the nation and denied their constitutional right to a free and fair election, and he had abused the office of the Chairman of the Election Commission to confer favor to SLPP candidate who was then a US citizen, a fact, which has been confirmed by the US Federal Reserve.

The Petitioner has sought a Writ of Mandamus from the SC compelling the first Respondent, Commission to Investigate Allegations of Bribery or Corruption, to initiate a credible and independent investigation/inquiry into the serious corruption charge levelled against Deshapriya.

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Disclaimer: Intervenient Petitioner in Writ of Mandamus calls for investigation against ex-Elections Chief - Views expressed by writers in this section are their own and do not necessarily reflect point-of-view

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