The petition sought to disqualify Mahinda Rajapakse from the post of Prime Minister, was taken up at around 11.20 am this morning at the Court of Appeal.
Attorneys appearing on behalf of the respondents including Prime Minister Mahinda Rajapakse informed court that the fundamental protests would be filed against this petition.
President's Counsel Gamini Marapana said that fundamental rights petitions against the dissolution of Parliament have been filed before the Supreme Court and therefore the Appeal Court had no power to consider the petition until the Supreme Court gave its final verdict.
President's Counsel Romesh de Silva said that Court of Appeal has no authority to inquire into this petition since it is based on parliamentary proceedings
However, Presidents Counsel Mr K. Kanag-Isvaran appearing on behalf of the petitioners had said that the Appeal Court has been vested with the powers to issue writ orders as per Section 140 of the constitution.
Accordingly, the petitioners said that according to the provisions of the Constitution, Mahinda Rajapaksa has no legal right to hold the post of Prime Minister.
Mahinda Rajapaksa and forty others have been named as respondents in the petition.
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