Sobhitha thero wants courts to rule that the elections are due this year

The Court on Friday granted leave to proceed to the Fundamnetal Rights petition filed by parliamentarian Omalpe Sobitha thero, on behalf of Jathika Hela Urumaya (JHU).

The Buddhist monk argues that he has a right to know the exact timings of the elections as a leader of a political party.

The Attorney General, defending, requested the courts to leave the matter with the Elections Commissioner as he is the only authority to decide dates of elections.

Constitutional issue

The Chief Justice, however, said the Commissioner does not have a right to interpret the country’s constitution.

It is therefore, CJ Sarath Silva said, the courts have to rule on the matter as the petition has raised a constitutional issue regarding President Kumaratunga’s swearing in.

The Supreme Court decided to consider the petition on 22 August as a matter of priority.

The CJ said that a five-member bench will hear the petition and announced that a ruling will also be made on President Kumaratunga’s request on the same day.

Sri Lanka’s main opposition United National Party (UNP) is calling for presidential elections to be held this year.

But President Kumaratunga argues her term finishes in 2006 as she has sworn-in in 2000, after publicly taking oaths on the office for the second time in 1999.

The Commissioner is expected to announce the date of the next presidential elections within weeks.