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Ex-CJ says President’s nomination cannot be challenged in court
View(s):Former Chief Justice Sarath N Silva said yesterday that there was no scope to file legal action challenging President Mahinda Rajapaksa’s nomination for the January 8 elections.
Mr. Silva told the Sunday Yimes that after the election process began there was no legal provision to challenge the nominations.
“But there is provision to file an election petition (after the election),” said the ex-Chief Justice who had earlier claimed that the incumbent President could not contest for another term because the 18th Amendment provisions did not have retrospective effect.
“Earlier we were planning to file action against the Elections Commissioner preventing him from accepting nominations. However as the President sought a legal opinion and 10 judges were involved in that process that opportunity was also lost,” he said.
He said there were previous judgments to the effect that after the election process started the nominations could not be challenged.