Aug 25, 2018

Mahinda can contest again: New legal debate! Featured

Although the 19th Amendment to the Constitution was made with the hope of preventing anyone who has held the Presidency for two terms from contesting again, this does not apply to former Presidents Mahinda Rajapaksa and Chandrika Bandaranaike Kumaratunge and they can contest the upcoming Presidential Election, legal expert Dr. Nihal Jayawickrama had told the ‘Sunday Divaina’ newspaper.

Under the Samagi Peramuna government during 1970-77, Dr. Nihal Jayawickrama served as the Secretary to the Justice Ministry and later under the J.R. Government his civic rights were taken away.

At the time Dr. Nihal Jayawickrama was the Secretary of the Justice Ministry, Felix Dias Bandaranaike was the Justice Minister.

According to Dr. Nihal Jayawickrama introducing the Executive Presidency in 1978 paragraph 30 of the Constitution outlines the following:

30 (1) There shall be a President of the Republic of Sri Lanka, who is the Head of the State, the Head of the Executive and  of  the  Government,  and  the  Commander-in-Chief  of  the  Armed Forces.

(2)  The  President  of  the  Republic  shall  be  elected  by  the  People, and shall hold office for a term of six years.

In 2015 the Constitution was amended and the six years under paragraph 30 (1) was changed to five years.

In addition, at the time of the 2015 Presidential Election, the President at the time was not clearly indicated that he/she cannot contest again, said Jayawickrama.

Theories that Mahinda can is a lie!

Meanwhile, the ‘Anidda’ newspaper stated that the theory that Mahinda can contest again is a lie to temporarily mislead the media.

A member of the JO had made this comment to the ‘Anidda’  newspaper in a comment.

The newspaper article also stated that;

G.L. Peiris to the district court:

“Although Prof. G.L. Peiris had said so at a Joint Opposition media briefing, the party leader had said that the party had still not come to any agreement.

He had said this theory was a good bait for the media to chew on for a few days.

This party leader had said that most of the party members are aware that there is no legal background for Mahinda Rajapaksa to contest the presidential election.

Although he had not discussed this issue with Prof. G.L. Peiris, this party leader said that there is no way that even Prof. Peiris was unaware that there was no legal provision for Rajapaksa to contest the Presidency.

 However, the Chairman of the SLPP G.L. Peiris  has said that he would take this matter to the District Court.

However, although attempts were made to contact Prof. Peiris in this regard, all attempts failed as he is said to be overseas for several days.”

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