FR challenges poll decision; SC refuses Leave to Proceed

• Elpitiya PS election

By S.S. Selvanayagam 

The Supreme Court yesterday refused to grant Leave to Proceed to the Fundamental Rights Petition challenging the decision to hold the elections for the Elpitiya Pradeshiya Sabha.

The Bench comprised Justices Vijith K. Malalgoda, P. Padman Surasena and Gamini Amarasekara. The Court refused granting of Leave to Proceed without costs.

Petitioners S.M. Yeshan Nayanjith, S.M. Maleesha Dilhan and S.A.M. Devinda Abeywardena, who are voters and residents of Elpitiya, in their Petition sought the Supreme Court to restrain the Election Commission from holding the said election.

Petitioners cited the Chairman of the Elections Commission Mahinda Deshapriya, members of the Commission, and the Returning Officer in charge of the Elpitiya Pradeshiya Sabha election as Respondents.

The Petitioners claimed that the date for the Elpitiya Pradeshiya Sabha elections has been fixed without holding a meeting of the Elections Commission.

The Petitioners pointed out that it is unconstitutional to hold the election again, based on the nominations called in 2017.

An Extraordinary Gazette notification has earlier been issued by the Returning Officer of Galle District, Somarathna Vidhanapathirana, confirming that the election for the Elpitiya Pradeshiya Sabha will take place on 11 October.

On 30 August, the Supreme Court granted a Writ quashing the decision of the Galle District Returning Officer to reject the nomination papers of the Prajathantravadi Eksath Jathika Peramuna - the Democratic United National Front (DUNF).

The Supreme Court, in its judgment, directed the 1st Respondent to accept as valid the nomination papers delivered by the DUNF. 

Petitioners impugned that the Gazette notification was issued without prior consultation with the Elections Commission, and was thus and otherwise ultra vires.

They stated a candidate nominated by DUNF had died, and another nominee has ceased to be a member of DUNF by joining the UNP.

They contended that the election cannot be held based on 2017 nomination papers.

They maintained that the holding of elections based on 2017 nomination papers would be ultra vires of the Local Authorities Elections Ordinance, and contrary to the rule of law. Suren Fernando appeared for the Petitioners. Additional Solicitor General Indika Demuni de Silva with Senior State Counsel Dr Avanti Perera and State Counsel M. Fernando appeared for the Attorney General. Ali Sabry PC appeared for the 6th Respondent. Ronald Perera PC appeared for UNP. Hejaz Hizbullah appeared for member of the Election Commission Prof. Hoole.