Aug 14 (News.lk) The reference application forwarded by President Maithripala Sirisena seeking a determination from the Supreme Court whether the Provincial Council Elections can be held under the law that was in force prior to the enactment of the Provincial Councils Elections (Amendment) Act No. 17 of 2017, is to be taken up for hearing on August 23, before a Supreme Court fuller Bench.
Following the hearing, the Supreme Court's determination over the reference application is to be communicated to the President before August 30.
Issuing a special notice in this regard, the Registrar of the Supreme Court has requested the President of Bar Association of Sri Lanka (BASL) to inform its membership about this reference application and convey the communication that hearing for oral submissions of counsel to be held on August 23.
President Maithripala Sirisena in terms of Article 129 (1) of the Constitution had referred to the Supreme Court the following questions for its consideration.
(a) In view of the Review Committee failing to submit its report to me in accordance with sub sections (13) and (14) of Section 3A of the Provincial Councils Elections Act No. 2 of 1988 as amended by Act No. 17 of 2017, whether, I, as President, can by proclamation forthwith publish the new number of electorates, the boundaries and names assigned to each electorate so created in terms of the report of the Delimitation Committee submitted to the Minster Assigned the subject of Provincial Councils?
(b)Whether, the Provincial Councils Elections can be held under the Provincial Councils Elections Act No. 2 of 1988 as amended by Act No. 17 of 2017, once the Proclamation referred in (a) above is published?
(c) Whether in the absence of such inability to hold such Provincial Council elections in terms of the present law, the said provincial council elections can be held under the law that was in force prior to the enactment of the Provincial Councils Elections (Amendment) Act No. 17 of 2017in view of section 6(2) of the Interpretation Ordinance?