The order on interim relief sought in the writ application filed by former General Sarath Fonseka challenging the vacation of his Parliament seat was reserved till November 18 by the Court of Appeal.
The petitioner cited Parliament Secretary General Dhammika Kithulgoda, Parliament Deputy Secretary General Dhammika Dissanayaka, Elections Commissioner Dayananda Dissanayaka, Returning Officer J. Sylvester, Commissioner General of Prisons Maj. Gen. V.R. de Silva, Lakshman Nippunarachchi and the Attorney General as respondents.
Appearing for the petitioner, Romesh de Silva P.C. said that the letter sent by the Secretary General of Parliament to the Elections Commissioner should be stayed since the conviction by the Court Martial was not sanctioned but only the sentence was endorsed by the President and therefore null and void.
The full Bench comprised Justices R.L. Ranjith Silva, A.W.A. Salam and Upali Abeyratne.