SC dismisses SLPP writ petition over Maharagama UC poll

By S. S. Selvanayagam

The Supreme Court yesterday dismissed the writ petition filed by the Sri Lanka Podujana Peramuna (SLPP) challenging the rejection of its nomination paper for the election of members for the Maharagama Urban Council.

The panel comprised Chief Justice Priyasath Dep, and Justices Buwaneka Aluvihara and Nalin Perera.

SLPP Secretary Sagara Kariyawasam and its authorised agent H. K. Chandrasiri de Silva filed the petition citing Election Commission Chairman Mahinda Deshapriya, members of the Election Commission, Commissioner General of Elections R. M. A. L. Rathnayake, the Commissioner General of Election/Director General, and returning officer for Maharagama Urban Council Damayanthi Wanigasinghe and secretaries of political parties as well as the leaders of the independent groups as respondents.

 Maohara de Silva PC appeared for the petitioners. Chanthaka Jayasundera PC with Pulasthi Rupasinghe and Chinthaka Fernando appeared for the Secretary of the SLFP. Deputy Solicitor General Viveka Siriwardane appeared for the Elections Commission and the Attorney General.

The petitioners sought the immediate intervention of the Supreme Court to prevent the alleged injustice being caused to their political cause by being deprived from contesting at the forthcoming Local Authorities Election for the Maharagama Urban Council pursuant to a decision made by the returning officer to reject their nomination paper.

 They stated their nomination paper for Maharagama Urban Council to the returning officer was rejected for not having met the requirements stipulated under section 28 (2B) read with S. 31 of the Local Authorities Elections Act (as amended).

 They maintained that section 28B is not a requirement to be complied by a political party but reads that, (2B) ‘The returning officer shall as soon as is practicable make a copy of each nomination paper received by him and display such copies of the nomination papers on his notice board.’

 The petitioners further said that though the total number of women representatives were met as required by law, inadvertently and/or by mistake in front of a single woman representative the gender had been written as ‘male’ as opposed to ‘female’.

 They contended the rejection of their nomination papers is ultra virus, illegal, unlawful and unreasonable, stressing that the nomination paper ex-facie fulfilled and/or substantially fulfilled all requisites and the requirements especially as required under S. 28 and 29 of the Local Authorities Elections Act (as amended).

 According to the petitioners, the purported decision of the returning officer to reject the said nominations paper amounts to a curtailment of the rights of the candidates and/or subversion of the right to franchise of the voters of the locality in the proposed local authority elections.

Thus, the petitioners are seeking the Court to quash the decision of the returning officer and prevent the respondents from rejecting their nomination paper.

.The petitioners requested an interim order preventing the respondents from holding the local authority elections in respect of election of members to the Maharagama Urban Council until hearing and final determination of this application.

14 petitions against rejection of nomination lists for LG

CA fixes to be mentioned on 24 Jan. 

By S. S. Selvanayagam

 The Court of Appeal yesterday fixed for mention the 14 writ petitions over the rejection of nomination papers. Eight petitions are over the issue of female candidates. 

 The Bench comprised Justices P. Padman Surasena (President/CA) and Justice Shiran Gunaratne, who deferred the petitions to be mentioned in order to peruse the written judgment of the Supreme Court delivered yesterday (19) dismissing the Maharagama Urban Council writ application filed by Sri Lanka Podujana Peramuna over the rejection of its nomination paper.

 Sri Lanka Podujana Peramuna (SLPP), Sri Lanka Freedom Party (SLFP) and United People’s Freedom Front and others have filed writ petitions.  Petitions have been filed for Kinniya PS, Buttala PS, Tripane PS, Weligama UC, Panadura UC, Mahiyanganaya PSD, Maharagama UC, Badulla UC and others.

 The SLPP in its writ application seeks the Court to validate its nomination paper submitted for the election of members for the Maharagama Urban Council in the forthcoming local polls.

 Petitioners Nishantha Wimalachandra, Savithri Gunasekara, Angoda Liyanage Pradeep Chaminda, Wanniarachchige Don Amarapala and Inoka Anuratha Ranaweera cited Returning Officer Damayanthi Wanigasinghe, SLFP Secretary Dumminda Dissanayake, UNP Secretary Kabeer Hasheem and JVP Secretary Tilvin Silva as respondents.

 The parties filed the writ petition over the rejection of their nomination paper wherein one female candidate had been inadvertently misquoted as male.

 They seek a declaration from the Court that their nomination paper tendered to the Returning Officer in respect of the election of the members to the Maharagama Urban Council is valid for the purposes of the Local Authorities Elections Ordinance and/or liable to be received and accepted as valid for the election of members to the Maharagama Urban Council.

 The petitioners claim the decision of the Returning Officer to reject their nomination paper is capricious and erroneous.