Legal arguments sought to prevent the General from entering politics
Sources from the Presidential Secretariat said the President had been asked by several lawyers close to him on Tuesday (27) not to accept the letter of retirement handed over by Chief of Defence Staff, General Sarath Fonseka. This directive had been issued as a result of advice received in relation to the legal points that could prevent the General from entering politics.
The lawyers had advised the President that any one in active military duty could not contest at a Presidential election and therefore to take steps to prevent the General from retiring before December 18. According to the lawyers, the
President has to call for the next Presidential election before December 18 to avoid any possible challenge that could be posed by the General.
The fourth extension of service granted by the President to the General ends on December 18, 2009. The Presidential Secretariat has already received information that the General was not planning on requesting for another extension on service and plans to return immediately after his return to the country from the US.
The Constitution has provision for any President to call for a Presidential election at the completion of four years in office. President Mahinda Rajapaksa could call for a Presidential election any time after November 18, 2009 since he was elected to office on November 18, 2005.
Sources said the President may therefore call for a Presidential election immediately after November 18 in order to avoid having to face a challenge from the General.
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