Peoples’ Tribunal on Sri Lanka - Session III

JHU file case regarding Presidential election date

"On 3 August a Fundamental Rights Petition was filed by the Venerable Omalpe Sobitha Thero, a member of the Parliament and General Secretary of the Jathika Hela Urumaya (JHU). He alleged an infringement, or an imminent infringement, of his fundamental rights, due to the failure on the part of the Commissioner of Elections (CE) to decide on the date for the holding of the Presidential Elections. The issue at stake was the accurate date of commencement of the second term of office of the incumbent President. The Supreme Court by its decision on the 26 August 2005, interpreted Article 31(3A)(d)(i) of the Constitution to read as the President will hold office for a period of six years commencing on the date on which the result of the election is declared, being in the present case 22 December 1999. The first Respondent, the Commissioner of Election, was accordingly directed to take steps on this basis to conduct the poll for the elections of the President in terms of Article 31 (3) and the applicable law. Consequently, on 19 September, the CE published on the Gazette the official date for the election to be held on (17 November) and the date for the nomination of candidates (7 October). " https://www.eods.eu/library/FR%20SRI%20LANKA%202005_en.pdf

3 August 2005