Court of Appeal reserves order to be delivered on June 22 | Daily News


Rejection of AJBP nomination papers:

Court of Appeal reserves order to be delivered on June 22

The Court of Appeal yesterday reserved its order to be delivered on June 22 regarding four writ petitions filed by Members of the ‘Ape Jana Bala Pakshaya’ (AJBP), including Bodu Bala Sena (BBS) General Secretary Ven. Galagoda Aththe Gnanasara Thera, challenging the rejection of their nomination papers to contest the General Election from Kurunegala and three other districts.

When the petition came up before the Court of Appeal, both the Attorney-General and President’s Counsel, who appeared on behalf of Sri Lanka Podujana Peramuna (SLPP) General Secretary, raised objections against the petitions.

In his submissions, President’s Counsel Sanjeewa Jayawardena, appearing on behalf of the Sri Lanka Freedom Party (SLFP) General Secretary, moved court to dismiss the petitions in limine, since the petitioners have failed to name necessary parties to the petitions. He submitted to court that the petitioners who filed a writ petition in respect of the Kurunegala District have failed to make ten independent groups contesting the General Election as necessary parties.

He further argued that it would adversely affect on the election process if court issues an interim order in respect of four districts; including Kurunegala, Colombo, and Moneragala; being unable to hold the election on the same day.

Jayawardena further said that the new Parliament cannot be convened as scheduled if an interim order was granted. He stated that there will be no legislature if an interim order was issued, and further maintained it will also adversely affect for selecting members for the National List. He feared that country would run without a Cabinet if court issues an interim order to postpone the election.

The petitioners have sought an Interim Order preventing the Election Commission from taking further steps to proceed with holding the General Election in the Kurunegala, Moneragala, and Colombo Districts. The nomination papers submitted by Ven. Galagoda Aththe Gnanasara Thera under the ‘Ape Jana Bala Pakshaya’, to contest in the Kurunegala District, was rejected on March 19. The petitioners stated that they were informed by the election officials that nomination papers were rejected due to the mistakes in the sworn statements of the candidates. The petitioners cited Election Commission’s chairman Mahinda Deshapriya and several others as respondents.

They sought an order in the nature of writ of Mandamus, directing the Returning Officer appointed for the Kurunegala District to accept the nomination paper delivered to the Election Officer by the authorised agent of the ‘Ape Jana Bala Pakshaya’ for the election of members to the Kurunegala District.

President’s Counsel Romesh de Silva; with Counsels Thishya Weragoda, Pulasthi Rupasinghe and Iresh Seneviratne; appeared for the petitioners. Deputy Solicitor-General Viveka Siriwardena appeared on behalf of the Attorney-General. President’s Counsel Sanjeewa Jayawardena appeared for the SLPP and SLFP General Secretaries.

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