SC dismisses 4 more SLPP petitions over rejection of nomination papers

By S.S. Selvanayagam

The Supreme Court yesterday further rejected four petitions filed by the Sri Lanka Podujana Peramuna (SLPP) over the rejection of its nomination papers for the forthcoming local government elections.

A bench comprising justices Buwaneka Aluvihara, K.T. Chitrasiri and Vijith K. Malalgoda rejected the petitions filed for the Panadura, Agalawatte, Mahiyanganaya and Thirappane local government bodies.

The SLPP in its writ petition for the Mahiyanganaya Pradeshiya Sabha contested the rejection of its nomination paper for the election of members.

The SLPP’s Secretary Sagara Kariyawasam and authorised agent in their petition cited Election Commission Chairman Mahinda Deshapriya, the members of the Election Commission, Director General of Election R.M.A.L. Rathnayake, secretaries of political parties and leaders of independent groups as respondents.

The petitioners stated that their party nomination paper for the Mahiyanganaya Pradeshiya Sabha submitted to the Returning Officer was rejected for not having met the requirements stipulated under Section 28 (2A) read with Section 31 of the Local Authorities Elections Act (as amended).

They stated the rejection of their nomination papers was ultra vires, illegal, unlawful and unreasonable.

They claimed the nomination paper was ex-facie fulfilled and substantially fulfilled all the requirements especially as required under Section 28 and 29 of the Local Authorities Elections Act (as amended).

They alleged the purported grounds for rejection on the failure to specify the gender accurately or omission to specify thereof is ultra vires of the statutory powers of the returning officer in accepting or rejecting nominations.

They stated the purported grounds for rejection on the failure to specify the gender of each candidate accurately as male or a female was illegal and unreasonable.

They blamed the purported decision of the Returning Officer to reject the said nominations paper amounted to the curtailment of the rights of the candidates or subversion of the right to franchise of the voters of the locality in the proposed local authority elections to be held for the election of candidates for the Mahiyanganaya Pradeshiya Sabha.

They sought to quash the decision of the Returning Officer to reject their nomination papers for the SLPP for the Mahiyanganaya Pradeshiya Sabha and to prevent the respondents from proceeding with the elections scheduled to be held on 10 February without accepting the nominations submitted by their party.