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Polls chief appeals to Geneva
By Teles Anandappa
The Elections Commissioner Dayananda Dissanayake is to go before the Geneva – based UN Human Rights Committee for a determination whether he was implicated for the violation of Fundamental Rights in the Supreme Court judgment delivered on August 25.

Mr. Dissanayake’s lawyer, Elmore Perera told The Sunday Times that the Commissioner’s papers would be filed shortly. “The findings of the Human Rights Committee will help clear the Election Commissioner’s name that he had not violated any Fundamental Rights” he said.The Supreme Court this week refused to accept the application filed by the Elections Commissioner seeking revision on the judgement delivered earlier with effect to the date of the Presidential Election.

Supreme Court Deputy Registrar Ms. Hema Ratnayaka was instructed by the Chief Justice not to accept any papers regarding this matter as it had been finally decided by the Supreme Court on September 7.

The final paragraph of the Supreme Court judgment ruling that the Presidential Election should be held this year stated, “The petitioner is granted the declaration prayed in prayer (b) of the prayer to the petition without any findings against the 1st respondent (the Elections Commissioner)” In prayer (b) the petitioner Jathika Hela Urumaya General Secretary Ven. Omalpe Sobitha Thera sought a declaration that his fundamental rights (right to equality and equal protection of the law) under article 12(1) had been violated by the first respondent.

Consequent to his motion the Elections Commissioner filed his revision application stating that the declaration prayed in prayer (b) necessarily implies a specific finding that the violation of Ven. Sobitha Thera by the Commissioner was imminent. The Commissioner stated that this reference to prayer (b) was an inadvertent typographical error and gravely undermined his credibility.
He also sought court to set aside the order and to delete reference to prayer (b) in the final paragraph of the judgement and replace it by prayer (c), (d) and or (e).

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