SC Sets Date to Hear Petition Challenging General Election Date Unconstitutional

The Supreme Court today (24) decided to hear the petition challenging the date set for the 2024 General Election. The petitioner, lawyer H.M. Priyantha Herath, representing the Api Sri Lanka organisation, argues that the decision to hold the parliamentary election on 14 November is unconstitutional.

The respondents named in the petition include the Attorney General, the Secretary to the President, the Chairman of the Election Commission, and other commission members.

According to the petitioner, Section 10 of the Parliamentary Elections Act specifies that the nomination period, which was set from 4 October to 11 October, must be followed by a polling date fixed between five to seven weeks after the close of nominations. This means the five-week period ends on 15 November, while the seven-week period concludes on 29 November.

The petitioner contends that scheduling the election for 14 November falls outside the legally mandated timeframe. The petition further notes that efforts were made to inform the Chairman of the Election Commission about this issue, but they were unsuccessful.

The Supreme Court has ordered the respondents to submit their objections, and the hearing is scheduled for 28 October. The petitioner seeks a ruling declaring the election date unconstitutional and requests the Court’s guidance on corrective measures.