Sri Lanka crisis: Rajapaksa files appeal in SC against interim court's order
Colombo, Dec 4 : Embattled Mahinda Rajapaksa Tuesday filed an appeal in Sri Lanka's Supreme Court against a court order that barred him from acting as Prime Minister.
The Court of Appeal in an interim order Monday temporary halted Rajapaksa and his Cabinet from functioning in their positions in response to a case filed by 122 legislators against his disputed government. The court set the hearing of the case for December 12 and 13.
MP Gamini Lokuge said the appeal was filed in the Supreme Court against the interim order issued by the Court of Appeal, Daily Mirror reported.
Rajapaksa had said on Monday that he would appeal against the Court of Appeal's interim order.
"We will not agree with the interim order issued by the Court of Appeal today suspending the Cabinet. We will appeal to the Supreme Court first thing tomorrow against it," Rajapaksa said in a statement.
He said that it was the Supreme Court which has the power to interpret the Constitution.
As many as 122 parliamentarians of Wickeremesinghe's United National Party (UNP), Janatha Vimukthi Peramuna (JVP) and Tamil National Alliance last month filed a petition in the Court of Appeal challenging Rajapaksa's authority as the prime minister.
The Court of Appeal ordered 49 members of Rajapaksa's Cabinet to appear in court on December 12 to respond to the petition and show by what authority they hold office.
The interim ruling was a major blow to both President Maithripala Sirisena and Rajapaksa after the former had appointed his ex-rival as the prime minister on October 26, plunging the country into a major constitutional crisis.
Sirisena later dissolved Parliament, almost 20 months before its term was to end, and ordered snap election. The Supreme Court overturned Sirisena's decision to dissolve Parliament and halted the preparations for snap polls.
Addressing a gathering of his Sri Lanka Freedom Party activists here Tuesday, President Sirisena said people have different opinions on the recent court rulings.
"I always accept the court rulings but people's opinion on the recent court rulings on political cases are diverse and some criticize them," he said.
He was referring to two interim orders granted by the Supreme Court and the Appeal Court in connection with the current political crisis, which has crippled the government for more than a month. Both interim orders have gone against Sirisena.
As many as 13 petitions were filed in the apex court against Sirisena's decision to suspend parliament.
Ousted prime minister Ranil Wickremesinghe and Rajapaksa both claim to be the prime ministers. Wickremesinghe says his dismissal is invalid because he still holds a majority in the 225-member Parliament.
Prior to the crisis, Wickramasinghe's UNP had the backing of 106 parliamentarians while Rajapaksa and Sirisena combine had 95 seats.
Rajapaksa has, so far, failed to prove his majority in Parliament.
Wickremesinghe, with the support from the main Tamil party, claims to have the support of more than 113 legislators, required for simple majority.
The Tamil National Alliance (TNA) has 16 seats in the house and JVP has six legislators. The UNF has moved three no trust motions against Rajapaksa, who has refused to step down.
The Sri Lankan president has said that due to sharp personal differences with Wickremesinghe he would not reappoint him as the Prime Minister.
"He is not a political leader suitable to the country," Sirisena said, referring to Wickremesinghe who had been his main backer in the 2015 presidential election.
However, Wickremesinghe's UNP claims that Sirisena will be left with no choice as he would be the man who will command the confidence in the House.
He told reporters that appointing a prime minister was not Sirisena's personal choice.
"A prime minister is decided by parliamentary majority. President can't decide what he wants. All we are saying is follow the Constitution. Dont be like Hitler and other dictators," Wickremesinghe told reporters.
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After poll debacle, defeated MVA candidates to seek verification of EVM-VVPAT units
Mumbai(PTI): The Maha Vikas Aghadi candidates who faced defeat in the recent Maharashtra assembly polls have decided to seek verification of the EVM-Voter Verifiable Paper Audit Trails (VVPATs) units in their segments, a leader of the opposition alliance said.
Many losing candidates of the opposition Shiv Sena (UBT) pointed fingers at the functioning of the Electronic Voting Machines (EVMs) during their interaction with party head Uddhav Thackeray on Tuesday.
Thackeray took stock of the lacklustre performance of his party at a meeting held at his residence in Mumbai.
The poll verdict last week saw the Mahayuti coalition, comprising the Shiv Sena, BJP, and NCP, retaining power with a massive mandate, pushing the Maha Vikas Aghadi (MVA) to margins.
The Mahayuti won 230 seats and MVA only 46 in the 288-member House.
The Thackeray-led Sena (UBT) emerged as the largest party in the opposition camp by winning 20 seats, followed by Congress which bagged 16 constituencies, while the NCP (Sharadchandra Pawar) sits at the bottom with a tally of 10 seats.
Talking to PTI on Tuesday, Congress leader Arif Naseem Khan, who lost the election from Chandivali assembly constituency in Mumbai, said he held a discussion with Thackeray, who also said he has got complaints from his party workers that EVMs could have been tampered.
"We are getting complaints from different parts of the state expressing doubts over the results. In a democracy, complaints need to be verified and many of us, including myself, (who faced defeat) are in the process of applying for the verification," Khan said.
As per the Supreme Court's judgement on April 26 this year, the burnt memory/microcontroller in 5 per cent of the EVMs - the control unit, ballot unit and the VVPAT - per assembly constituency shall be checked and verified by a team of engineers from manufacturers of the EVMs, after the announcement of results, for any tampering or modification, he said.
A written request for this has to be made by candidates who are in the second or third position behind the highest polled candidate.
Such a request has to be made within seven days of declaration of the result, Khan said.
A candidate making the request will have to pay the expenses of Rs 41,000 which will be refunded in case the machine is found to be tampered with, he said.
The microcontroller is a one-time programmable chip embedded into the three units of EVM-Ballot Unit, Control Unit and the VVPAT - at the time of manufacturing, as per the SC.
A Sena (UBT) MLA from Mumbai has claimed there were discrepancies between the votes polled and the votes counted in the EVMs.
"Almost all candidates raised doubts over the EVMs," the legislator said.
