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IN THE SUPREME COURT OF
DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application under and in terms of Articles 125 & 126 of the Constitution of Republic of Sri Lanka
D E W Gunasekara General Secretary Communist party of Sri Lanka 91, Dr N M Perera Mawatha Colombo 8
Petitioner Vs
SC/FR/344/2015 1. Commissioner of Elections Elections Secretariat, P.O. Box 02, Sarana Mawatha, Rajagiriya
2. Susil Premajayantha and now Wishwa Warnapala General Secretary – UPFA 307, T B Jayah Mawatha Colombo 10 3. Kabir Hashim General Secretary United National Party 400, Sirikotha Pitakotte, Kotte 4. Tilvin Silva General Secretary Janatha Vimukthi Peramuna
464/20, Pannipitiya Road, Pelawatta, Battaramulla 5. S Thurairajasingham General Secretary, Ilankai Tamil Arasu Kadchi 30, Martin Road Jaffna 6. U J Tilanga Sumathipala Member of Parliament (UPFA) Parliament Approach Road Sri Jayawardenepura Kotte
7. B Mahinda Samarasinghe
Member of Parliament (UPFA) Parliament Approach Road Sri Jayawardenepura Kotte 8. S B Dissanayake Member of Parliament (UPFA) Parliament Approach Road Sri Jayawardenepura Kotte 9. Lakshman Yapa Abeywardena Member of Parliament (UPFA) Parliament Approach Road Sri Jayawardenepura Kotte 10. Angajan Ramanathan Member of Parliament (UPFA) Parliament Approach Road Sri Jayawardenepura Kotte 11. A M H M Lebbe Member of Parliament (UPFA) Parliament Approach Road Sri Jayawardenepura Kotte
12. G Vijith Wijayamuni Zoysa Member of Parliament (UPFA) Parliament Approach Road Sri Jayawardenepura Kotte 13. M H M Navavi Member of Parliament (UNP) Parliament Approach Road Sri Jayawardenepura Kotte 14. Sunil Handunnnethi Member of Parliament (JVP) Parliament Approach Road Sri Jayawardenepura Kotte 15. Attorney General Attorney General’s Department Colombo 11
Respondents
To: THE HONOURABLE CHIEF JUSTICE AND THE OTHER JUDGES OF THE SUPREME COURT OF
THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
On this 31st day of Aug 2015
I herewith file the Petition, the Affidavit, proxy and the documents marked from P1 to P23 and
respectfully move your Lordships’ Court to file same of the Record.
With the highest respect and honour to the Court, it is submitted that considering the Public
Importance of the matters involved in this case, where abundance of evidence is produced by the
Petitioner of clear violation of the mandate given by the people to their elected representatives,
entrusted and empowered to achieve the goal of realisation of DEMOCRATIC SOCIETY as set
out in the PREAMBLE to the Constitution of the Republic of Sri Lanka, where the PEOPLE’S
REPRESENTATIVES have humbly acknowledged their OBLIGATION to the people to
establish a REPRESENTATIVE DEMOCRATIC SOCIETY in theory but practiced completely
the opposite, which had been amply demonstrated in the Petition of the Petitioner in the manner
the 14th amendment to the Constitution has been made law in absolute disgraceful manner
resorting to adopt surreptitious methodology, insulting the intelligence of the people of Sri Lanka
of their sovereign rights enshrined in the SUPREME LAW of the REPUBLIC OF SRI LANKA,
where the PRESIDENT and the CABINET OF MINISTERS and the ELECTED
REPRESENTATIVES OF THE PEOPLE have pledged to govern the Republic of Sri Lanka for
the ESTABLISHMENT OF A FREE AND JUST SOCIETY (Article 27) securing and protecting
social order justice (social, economic and political) guiding all state organs for the realisation of
the said objectives and for the realisation of moral and cultural standards, [(Article 27 (2)]
safeguarding the sovereignty of Sri Lanka, which is in the people (Article 3) which include all
powers including the LEGISLATIVE, EXECUTIVE, JUDICIAL AND POWER OF
FRANCHISE (Article 4), which has been grossly abused by the people’s representatives for the
realisation of their private objectives in complete contrast with the declared objectives of the state
policy (Chapter VI of the Constitution)
I respectfully request the Supreme Court, being the Apex body in the Judiciary established by
law, to protect, vindicate and enforce the rights of the people (Article 105 of the Constitution), to
give its utmost consideration to the issues involved in this case, that strictly deals with sovereign
rights of the people of Sri Lanka, to list this matter for support before the Full Bench of the
Supreme Court on one of the following days.
1. 07th Monday Sep 2015 2. 08th Tuesday, Sep 2015 3. 09th Wednesday, Sep 2015
Counsel for the Petitioner