Tuesday, 23 March 2010 22:36 Phanida
Chiang Mai (Mizzima) - The Rangoon Supreme Court dismissed the case filed by the National League for Democracy (NLD) today, challenging the electoral laws promulgated by the country's military regime.
On the basis of the resolution adopted by the NLD CEC meeting yesterday, party Chairman Aung Shwe signed the suit but the Supreme Court Civil Case section refused to accept it.
“The court refused to register our case and said that they had no authority to accept such a case,” lawyer Nyan Win told Mizzima.
Party Chairman Aung Shwe and Aung San Suu Kyi’s two lawyers, Nyan Win and Kyi Win, went to the Supreme Court this morning to file the suit under sections 5(a)(h),(j) of 2000 Burma Judiciary Law and sections 45 and 54 of 1887 Specific Relief Act.
The procedure of enacting the 2010 electoral laws is not in accordance with the law. First the bills of these laws should be announced and public opinion garnered before enacting the laws, lawyer Nyan Win said.
He pointed out that the provision in the ‘Political Parties Registration Law’ enacted on 8 March maintains convicted persons in political parties must be expelled to avoid deregistration, which in fact means ‘double jeopardy’.
Lawyer Nyan Win said, “The persons, who rejected our case are staff of the court. They have no judiciary power. Again the rejection is not in accordance with the Burma Court Manual. According to the manual, they must give reasons for rejecting our case. Moreover they refused to sign on the case paper. All of it is contrary to necessary procedures”.
According to Nyan Win, party leader Aung San Suu Kyi told him today that rejecting the case against the junta without giving reasons is not in accordance with the laws and procedures and instructed her lawyer to proceed taking action in accordance with the law.