CA refuses to issue Interim Order preventing elections for four districts | Daily News


CA refuses to issue Interim Order preventing elections for four districts

Four writ petitions filed by Members of “Apè Janabala Pakshaya” including Bodu Bala Sena (BBS) General Secretary Ven. Galagodaatthe Gnanasara Thera challenged the rejection of their nomination papers to contest the General Election from Kurunegala and three other districts were yesterday dismissed by the Court of Appeal.

Court of Appeal two-judge-bench comprising Justice A.H.M.D. Nawaz and Justice Sobhitha Rajakaruna refused to issue an Interim Order staying the election for Kurunegala, Colombo, Kalutara and Monaragala districts. The Court also refused to issue notices on the respondents.

The Court held that decision to reject nomination papers by returning officers was lawful in terms of section 15(2) of the Parliamentary Elections Act.

The Court observed that the oath of three candidates in question has not been properly sworn or affirmed before a person who is authorized to administer the oath and was not signed by any such authorized person and as such it was in violation of Section 15(2) of the Parliamentary Elections Act.

The Court further observed that the rejection of the entire nomination paper under section 19(1)(d) by the Returning Officer was lawful.

The Court held that in terms of section 19(1) of the Parliamentary Election Act the entire nomination paper is void and liable to rejection, even if there is an illegality with regard to one candidate.

At a previous occasion, both Attorney General and President’s Counsel Sanjeewa Jayawardena appearing on behalf of Sri Lanka Podujana Peramuna (SLPP) General Secretary had raised objections against the petitions.

The petitioners had sought an Interim Order preventing the Election Commission from taking further steps to proceed with holding the General Election in the Kurunegala, Colombo, Kalutara and Monaragala Districts.

The nomination papers submitted by Ven. Galagodaatthe Gnanasara Thera under “Apè Janabala 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.

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

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