July 21, Colombo: A Sri Lankan government minister has presented a cabinet memorandum to the Cabinet of Ministers to amend the Provincial Councils Act.
The cabinet memorandum with the proposed amendments has been presented by the Leader of the Eelam People's Democratic Party (EPDP), Minister Douglas Devananda, Ceylon Today reported.
The proposed amendment would enable the Chief Minister of a Provincial Council to be appointed outside the original nomination list.
However, the proposed amendment would revoke a previous Supreme Court judgment delivered by Supreme Court Justices Mark Fernando, D.P.S. Gunasekera and C.V. Wigneswaran, ruled against such appointments.
The Supreme Court has held the fact that the nomination paper is required to have three additional candidates than the number to be elected is indicative that the nomination paper is a pool from which subsequent vacancies are to be filled.
The Supreme Court also held that to permit the ability to nominate an outsider can only be justified on the ground of 'supremacy of the Party' which in Court's view undermines the scheme of the Act, which provides for the right of the electorate to be represented by persons who have faced votes and obtained their support.