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NGO challenges Fonseka’s appointment as MP
View(s):A Colombo based Non-Government Organisation (NGO) is seeking a court order to quash the appointment of Field Marshal Sarath Fonseka to Parliament on the grounds that it contravenes the Constitution and the Parliamentary Elections Act.
The Centre for Policy Alternatives (CPA) and its Executive Director Dr Paikiasothy Saravanamuttu this week filed a fundamental rights (FR) application in the Supreme Court challenging the appointment claiming that in terms of Article 99A of the Constitution, only a person whose name was included in the district nomination papers or the National List submitted by the relevant political party, is entitled to be nominated to fill such a vacancy.
Mr. Fonseka was appointed as a National List MP from the UNP earlier this month after the demise of M.K.D.S.Gunawardena.
The petitioners argued that Field Marshal Fonseka’s name could not have been included in the list submitted to the Elections Commissioner under the Constitution or in any nomination paper submitted in respect of any electoral district by the United National Party (UNP) at the last General Election as he was a candidate of the Democratic Party in the Colombo District.
Based on these circumstances, they argued that the UNP General Secretary cannot nominate Field Marshal Fonseka whose name was neither included in the list submitted to the Elections Commissioner by the UNP nor included in any nomination paper submitted in respect of any electoral district by the party.
“The subsequent steps taken to fill the vacancy and the appointment of Field Marshal Fonseka are unconstitutional, illegal, arbitrary and unreasonable,”
In its petition, CPA stated that the appointment of a person as a Member of Parliament contrary to the provisions of the Constitution violates several rights guaranteed under the Constitution and in particular the franchise which is part of the sovereignty of the people.
According to the Parliamentary Elections Act when a Parliamentary seat becomes vacant, the Secretary-General of Parliament should inform the Elections Commissioner who shall require the Secretary of the recognised political party or the group leader of the independent group to which the member who vacated the seat belonged, to nominate a member of such party or group to fill the vacancy.
The Petitioners argued that the UNP general secretary nominated the Field Marshal to fill the vacancy in Parliament created by the demise of Mr.Gunawardena, in contravention of the provisions of the Constitution read with the Parliamentary Elections Act.
They also pointed out that late M. K. D. S. Gunawardena had been nominated under the National List of the United National Party on February 3 this year, but not the Field Marshal.
Along with Field Marshal Sarath Fonseka, the petitioners cited eight persons as respondents including the UNP General Secretary, Commissioners of the Election Commission, Secretary General of Parliament and the Attorney General.
The case will be taken up for hearing next week by a Supreme Court Bench.