DIDN'T FONSEKA GO TO KURUNEGALA ....

DIDN'T FONSEKA GO TO KURUNEGALA ....

BECAUSE OF A LEGAL OBSTRUCTION?

Field Marshal Sarath Fonseka has already given his nominations for the Colombo District from the Democratic

Party and because he has received an invitation from the newly instituted Eksath Yahapaalana Peramuna asking him to contest with them from Kurunegala so that it would create a challenge to Mahinda. But even if he consented for that, it was reported that because of a legal involvement he would not do so.

Opinions were expressed that Mahinda selected Kurunegala because the bulk of those who participated in the war are from the Kurunegala District and if Fonseka was to contest from there it would be a fine challenge. However, the legal question has cropped up as to how the nomination paper that has been forwarded could be withdrawn, it was reported.

According to clause 115 of the Elections Act, there is no provision that leaves any possibility for a person or a Party concerned to withdraw that nomination. That incidentally is something that should be settled by courts. But an opinion has been expressed whereby during the time when protests are forwarded against at the time when nominations are being presented, there is a possibility where this nomination could be rejected when affidavits could be forwarded to the effect that all contestants are resigning on their own. Since this nomination of Mr. Fonseka has been forwarded from Colombo, if he would not be able to withdraw this and then if he forwarded his nomination from Kurunegala and wins from Kurunegala, according to clause 91- 3 of the Constitution if nominations have been presented from 2 electoral districts, he would not be able to occupy a seat in parliament as an MP, it was said. Under these circumstances it had been reported that he would be contesting from Colombo itself and that there is no change in his standpoint.