The Supreme Court yesterday suspended the implementation of the decision taken by the Commissioner of Elections to exclude S. B. Dissanayake from the electoral list. The polls chief s decision was taken on the grounds that Dissanayake was convicted for contempt of the Supreme Court and was sentenced to two years rigorous imprisonment.
The Commissioner had decided that Dissanayake could not be registered as a voter for seven years from December 7, 2004, the date of conviction.
This decision of the Commissioner had been conveyed to Dissanayake by letter dated, August 14, 2008.
The Court ruled that the suspension of the effects of the letter is valid till the final determination of the fundamental rights violation application filed by Dissanayake, alleging arbitrary treatment and a denial of his right to franchise.
Leave to proceed with the petition was granted. The matter is to be argued on April 1, 2009.
Senior State Counsel, Viraj Dayratne appeared for the Commissioner of Elections.
Faiz Mustapha PC instructed by Gowri Shangari Thavarasa appeared for Dissanayake.
The Bench comprised, Justice Dr. Shirani Bandaranayake, Justice Saleem Marsoof and Justice J. Balapatabendi.
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