Sc Spl 03/2014
SC SPL 03/2014 IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA Declaration under and in terms of Article 157A(4) of the Constitution (As amended by the Sixth Amendment to the Constitution) of the Democratic Socialist Republic of Sri Lanka. Hikkadu Koralalage Don Chandrasoma G -16, National Housing Scheme, Polhena, Kelaniya. Petitioner SC SPL No. 03/2014 Vs. 1. Mawai S. Senathirajah Secretary, Illankai Thamil Arasu Kadchi, 30, Martin Road, Jaffna. 1(a) K. Thurairasasingham Secretary, Illankai Thamil Arasu Kadchi, 30, Martin Road, Jaffna. (Substituted 1st Respondent) 1 SC SPL 03/2014 1. Mahinda Deshapriya Commissioner of Elections, Elections Secretariat, Sarana Mawatha, Rajagiriya. 2. Hon. Attorney General, Attorney General’s Department Colombo 12. Respondent Before : Priyasath Dep, PC.CJ Upaly Abeyrathne, J Anil Gooneratne J. Counsel : Dharshan Weerasekera with Madhubashini Rajapaksha for Petitioner. K. Kanag-Iswaran, PC with M.A. Sumanthiran, Viran Corea and Niran Ankertel for 1A Respondent. Nerin Pulle, DSG with Suren Gnanaraj, SC for AG. 2 SC SPL 03/2014 Argued on : 18.02.2016 Written Submissions filed on : 18.04.2016 & 03.05.2016 Decided on : 04.08.2017 Priyasath Dep, PC,CJ. The Petitioner filed this action under and in terms of Article 157A (4) of the Constitution (as amended by the Sixth Amendment to the Constitution), seeking a declaration that the Illankai Thamil Arasu Kachchi (hereinafter referred to as “ITAK”) is a political party which has as its “aims” and “objects” the establishment of a separate State within the territory of Sri Lanka. The Petitioner by his Petition dated 27th March 2014, prayed for following reliefs: i) A declaration that ITAK is a political party which has as one of its “aims” and “objects” the establishment of a separate State within the territory of Sri Lanka.
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