Former Chief Justice Sarath N. Silva Silva’s fundamental rights petition rejected

Sri Lanka’s Supreme Court today rejected a fundamental rights petition filed by former Chief Justice Sarath N. Silva against the Provincial Councils Elections (Amendment) Act without proceeding.

The petition was rejected by a majority of the three- judge bench of the Supreme Court comprising the Chief Justice Priyasath Dep, Justice Buwaneka Aluvihare and Justice Nalin Perera.

Former Chief Justice Sarath N. Silva in his petition said that the passage of the Provincial Councils Elections (Amendment) Act in parliament by a two-third majority without holding a public referendum was unlawful.

However, the Attorney General and several other parties raised objections to the petition stating that the Act has been passed in parliament and therefore it cannot be questioned before judiciary.

The Provincial Council Elections (Amendment) Act was passed in Parliament with a two-thirds majority on September 20, 2017 with 154 voting in favour and 43 against.

Considering the facts, the three-judge bench has decided to reject the fundamental rights petition filed by former Chief Justice Sarath N. Silva.

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