When the writ application of Sarath Fonseka was taken up for hearing, Court of Appeal yesterday issued notice on respondents.
In this writ application, Gen. Sarath Fonseka, has sought an order from the Court of Appeal to quash the directive dispatched by former Secretary General of Parliament Dhammika Kithulgoda to former Elections Commissioner that Fonseka had vacated his parliamentary seat.
Acting under Article 34 of the Constitution of Sri Lanka, President granted a full pardon to the petitioner on Jan. 21, 2015 in respect of the conviction of the petitioner by the General Court Martial and on Sept. 17, 2010 by the High Court of Colombo. The convictions imposed on him were thereby extinct and the petitioner therefore continued to be a member of parliament, petition stated.
The petition continued that act of the former Secretary General of Parliament to inform the former Election Commissioner that he had vacated his seat was null and void. The subsequent steps taken to appoint another person Jayantha Ketagoda instead of the petitioner was also nullified consequently.