The Bar Association of Sri Lanka today filed two writ applications in Court of Appeal seeking a mandate in the nature of Writ of Mandamus compelling the Dehiwala-Mount Lavinia Mayor Danasiri Amarathunge, Sri Jayawardenapura Kotte Mayor R. A. D. Janaka Ranawaka and other Respondents to remove unauthorized hoardings and cut outs erected, and or preventing display of any cutouts or hoardings in violation of the Presidential Election Act within two Municipal Councils in relation to the Presidential Election which is to be held on January 8.

The BASL had cited Dehiwala-Mount Lavinia Mayor Danasiri Amarathunge, Sri Jayawardenapura Kotte Mayor R. A. D. Janaka Ranawaka, two commissioners of the Municipal Councils, Election Commissioner Mahinda Deshapriya, DIG Gamini Nawaratne and the Attorney General as respondents. The two writ petitions are to be taken up before Court tomorrow (17) for consideration.

The BASL states that since 1974, the BASL has been the sole body representing the rights and interests of the legal practitioners and professionals of the unofficial Bar, discharging multifarious functions in the larger interests of the members of the Bar and the illegal profession in general and also to consider matters of national importance relating to Rule of Law and Democracy as per its objectives.

The BASL states that, at the Meeting of the Bar Council held on the 29th November 2014, unanimously resolved by the Bar Council that, the Bar Association of Sri Lanka should engage itself and/or through its membership, to seek to ensure that a free and a fair Election is held, as called for by the Commissioner of Elections and further state that The Executive Committee of the BASL has also unanimously resolved that, the BASL shall champion the Cause of the Rule of Law and the Principles of Democracy as required by the Objectives of the BASL Constitution.

The BASL states that, the instant application is instituted on their own behalf and in the public interest of the residents of the Sri Jayawardenapura Kotte Municipal Council area, that due to the failure of the 1 to 5th Respondents to remove a large number of unauthorized hoardings and cut outs erected and/or the arbitrary decision of permitting the erection of hoardings and the display of propaganda hoardings, of the President Mahinda Rajapakse and in a few in stances the posters of the Common Opposition candidate Maithreepala Sirisena, which have been put up within the city limits Sri Jayawardenapura Kotte Municipal Council in direct violation of the by-laws and in particular section 74 of the Presidential Election Act No 15 of 1981.

The BASL states that that even prior to the said proclamation and after the said notification thousands of propaganda hoardings of the Mahinda Rajapakse have been indiscriminately erected on roads and streets carrying various slogans “Api Mahindata” (We are for Mahinda), “Ape Janapati (Our President)) being a public nuisance and also impacting the aesthetic impression of Sri Jayawardenapura-Kotte, the administrative capital of Sri Lanka and further states that the cut-outs of the same are being displayed on almost each and every light post in the Sri Jayawardenapura Kotte.

These cut outs and hoardings are in flagrant violation of section 74 of the Presidential Elections Law No 15 of 1981, which is an offence punishable with fine, a jail term and Civic disabilities.

The BASL states that, as enumerated above the Respondents have totally failed and/or deliberately to comply with the said laws in re moving the illegal hoardings and cut outs and bring the perpetrators who put up the said illegal hoardings and cut outs by using state resources, in violation of the provisions of the Presidential Elections Law No 15 of 1981.

The BASL states that the Respondents have arbitrary thy allowed unauthorized ifiegal hoardings to be displayed in violation of the law and have also failed to evolve a transparent and a accountable mechanism of receiving revenue by the advertisement of hoardings and cut outs thus, the pro visions of the Presidential Elections Law No 15 of 1981 has lost an enormous amount of revenue and thereby have acted in a corrupt and a collusive manner