The Court of Appeal fixed for support on 3 August notice on the writ petition challenging the election of Jaffna Municipal (JMC) Opposition Leader V. Manivannan as a member of the Jaffna Municipal Council.
The bench comprised justices P. Padman Surasena (CA President) and Arjuna Obeysekera.
Petitioner Stephenson Ronoldan, a voter from the JMC, cited Visvalingam Manivannan (the opposition leader), the Returning Officer, Elections Commission, the JMC Commissioner and the JMC as respondents.
M.A.Sumanthiran PC appeared for the petitioner V. Puvitharan PC with N.Kandeepan while M. Jude Dinesh appeared for the first respondent Manivannan.
When the Counsel for the petitioner moved to support for notice and an interim order, the Counsel for the first respondent moved that certain factual matters had been suppressed and pleaded that additional documents had to be filed. The Court directed the first respondent to file a limited objection on or before 25 July and said the petitioner may file a counter objection if he had any.
The petitioner statedthat the first respondent was nominated as a candidate on the proportional list for the JMC by the All Ceylon Tamil Congress(ACTC).
He claims that the first respondent was and is disqualified from being elected to, sitting on or voting as a Member of the JMC because he was not a resident of the JMC electoral area at all times relevant.
He states that the first respondent cast his vote at the last local authority election in Kokkuvil West which is outside the JMC electoral area whereas he had listed Ramanathan Road, Jaffna as his home address on the nomination paper of the ACTC for the JMC.
The petitioner maintains that therefore the first respondent was disqualified from contesting elections for the JMC. (SSS)