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Declare 13A null and void

2013 Jul 13

By Stanley Samarasinghe

 

S.M. Padmapriya Siriwardana, a social worker, yesterday filed a petition under Article 126 and Article 117 of the Constitution, seeking to have the 13th Amendment to the Constitution of the Democratic Socialist Republic of Sri Lanka declared null and void as it did not become law.

 

She cited the Attorney General, Speaker Chamal Rajapaksa and Minister of Local Government and Provincial Councils, A.L.M. Athaulla, as respondents. According to the petitioner, implementation of the constitutional amendment was enacted in breach of the Supreme Court determination, and that the administrative action of the Executive in violation of the Constitution leading to the breakdown of the rule of law concerning arbitrariness.

 

The petitioner stated the determination of five judges is the provisions of the 13th Amendment to the Constitution require the approval by the people at a referendum by virtue of Article 83 of the Constitution. The Bill was passed by Parliament after certain amendments, without a referendum. The petitioner respectfully urged the Court be pleased to consider the need to address and redress the matter and the concern urged through the application, given the reality that the sovereignty of the people, the rule of law, the supremacy of the Constitution and the authority of the Supreme Court would be imperilled, if the 13th Amendment was allowed to continue violating the Constitution and degrading the Supreme Court determination.

 

The petitioner also sought any other interim or final orders to stop any further implementation of the 13th Amendment to the Constitution of the country.

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