One of the 22 Presidential contenders Sarath Kongahage yesterday filed a Fundamental Rights application in the Supreme Court against the candidature of New Democratic Front (NDF) Presidential candidate and the former Army Chief Sarath Fonseka, on the basis that he is a citizen of the United States. <br/><br/>The petitioner stated that he had taken up objection with the Election Commissioner to the candidature of Sarath Fonseka on the basis of that he is citizen of the United States of America when he had submitted his nomination on November 17, 2009. <br/><br/>The petitioner states that the acceptance of the nomination of Sarath Fonseka by the Elections Commissioner is a violation of the petitioner’s Fundamental Rights under Article 12 (1) of the Constitution. He stated that the Elections Commissioner overruled his objections on the nomination day on the ground that it was not within his powers to decide it at that stage and said that the petitioner could petition to the judiciary. <br/><br/>The petitioner stated that the issue is of the utmost concern to the entire country as the election of Sarath Fonseka to the highest office would bring foreign influence to the executive bodies as he has pledged his allegiance to the United Sates by obtaining permanent residence rights there. Petitioner Sarath Kongahage cited Retired General Sarath Fonseka, Election Commissioner Dayananda Dissanayake, NDF Secretary Shamila Perera and the Attorney General as respondents.<br/><br/>AIR correspondent reports that Violence during election is not new to Sri Lanka. Presidential election in the past has been marred by violence but Tuesday's shooting was the first fatality in the current campaign.<br/><br/>Stakes for every one are indeed very high as it would be first such mass exercise in the post-Prabakaran Sri Lanka, in fact a first nation-wide election to be held in united Sri Lanka in several decades.<br/><br/>Election observers have expressed serious concern over the increase in pre-poll violence and especially the assault on the journalist in pre poll clash between the supporters of the ruling combine and the opposition group.<br/><br/>US has urged the authorities to conduct a full investigation of this and other acts of violence and to protect those exercising their democratic right to support the candidate of their choice.<br/><br/>The Centre for Monitoring Election Violence in its report four days back has recorded a cumulative total of 316 Incidents of election related violence since the announcing the Presidential Election. Of these, 133 are classified as Major and 183 as Minor incidents.<br/><br/>Even as the Sri Lankan government has been quick to condemn the violence and vowed to step up security in the run up to the January 26 election at which President Mahinda Rajapaksa is seeking re-election , poll observers are keeping their fingers crossed and hoping for a relatively free, fair and peaceful election.