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Appeal Court dismisses UNP, UPFA writ applications
Saturday, 25 March 2006 - 2:05 AM SL Time
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The Court of Appeal yesterday dismissed without costs, the writ application, filed by the UNP, challenging the rejection of their nomination list to contest elections to the Colombo Municipal Council on March 30, 2006.
The Court of Appeal, in the same judgement, also dismissed on similar grounds, the writ application filed by the Peoples` Alliance, challenging the rejection of their nominations to contest the Gampaha Municipal Council on March 30, 2006.
Both nomination papers had been rejected by the respective returning officers on the ground that one candidate, had been under eighteen years of age, on June 1, 2004, the date of commencement of the revision of the operative electoral register for 2004.
The Court of Appeal, in the judgement in respect of the writ application filed by the General Secretary of the UNP N. V. K. K. Weragoda, said that the returning officer for the Colombo Municipal area, had the power to go into details to find out whether youth candidate Supun Lakmal was eighteen years of age on June 1, 2004 which was the date of commencement of the revision of the operative electoral register for 2004.
Section 29 (1) A of the local authorities elections ordinance read with section 31 (1) (b) (b), vested powers in him to find out whether youth candidates complied with the specifications enshrined in section (89) of the local authorities elections ordinance.
The returning officer of the respective electoral areas had been correct in deciding that the date of commencement of the revision of the operative electoral register for 2004 was June 1, 2004.
On that date youth candidate Supun Lakmal of the UNP was seventeen (17) years 3 months and two days. He was under eighteen years of age.
The returning officer did not make a mistake in law in rejecting the nomination paper as a youth candidate failed to abide by the lawful requirement to be eighteen years of age on June 1, 2004.
In exercising his jurisdiction the returning officer is obliged to act in strict obedience to the law, which empowers him a simple and definite duty in respect of which he has no choice. The returning officer is empowered to consider not only the total number of candidates, but also whether the `youth` candidates fall within section 89, of the local authorities election ordinance. If the mandatory requirement as to the age is not complied with the returning officer has the power to reject in term of section 31 (1) bb of the local authorities elections ordinance,` the judgement explained.
A youth candidate is one who is eighteen years on the date of commencement of the revision of the electoral register for the relevant year, and not more than 35 years, on the last date of the nomination period, according to the local authorities elections act.
Faiz Mustapha P.C. appeared with Upul Jayasuriya Ronald Perera, Sanjeewa Jayawardene, Farman Cassim Faiza Markar and Chandima Mendis instructed by Samararatne Associates for the General Secretary of the UNP, N. V. K. K. Weragoda.
Faiz Mustapha PC appeared with Gaston Jayakody for the general secretary of the PA, Susil Prema Jayantha in the application filed against the rejection of the PA nominations for Gampaha.
C. R. de Silva, Solicitor General PC appeared with Deputy Solicitor General A. Ghanathasan Deputy Solicitor General Shavindra Fernando and senior state counsel N. G. Pulle for the elections officer made first and second respondents in these write applications.
Dr. Jayantha de Almeida Guneratne appeared with Kishali Pinto Jayewardene for the JVP, made a respondent in the writ applications.
Manohara de Silva and Udaya Gammanpila appeared for the JHU also made a respondent.
The judgement were by Justice K. Sripavan with Justice Sisira De Abrew agreeing.
Faiz Mustapha PC, yesterday made an application under rule 22 (11) requesting the Court of Appeal to consider an application from his clients under question of law, to seek leave to appeal to the Supreme Court, seeking to revise the judgements of yesterday, made in respect of the writ applications filed by the UNP and the PA. This application will be mentioned in the Court of Appeal on Monday.
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saliya
Joined: Mar 2005
Posts: 109
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25 Mar 2006 03:09:51 GMT Report for Abuse
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| Now UNP can go to supreme court but I don't think decision will change. It is proved Lakmal is below 18 years. So this is not acceptable. Knowing this why UNP wants to drag this to another couple of months. If they can't understand this small mistake how they are going to govern the largest MC in Sri Lanka. |
Gamma
Senior Member
Joined: Jun 2005
Posts: 358
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25 Mar 2006 03:18:11 GMT Report for Abuse
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This time I guises there will be no protest marches in front of the judges homes and throwing stones to the roofs.
On the other hand, SB is also out of the country. He is the best-qualified person to make a comment on this. |
Abdulsalaam
Joined: Feb 2006
Posts: 522
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25 Mar 2006 04:12:10 GMT Report for Abuse
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We can have a non-UNP Municipality in Colombo after a long, long time - a welcome and long overdue change.
This can cause more infighting in the UNP leading to possible defections and weakening of the UNP. Things certainly look no good for the grand old party which now needs a grand old man like JR to revive. SB has his work cut out. |
hmdqbl
Joined: Oct 2005
Posts: 131
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25 Mar 2006 07:51:59 GMT Report for Abuse
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Abdussalaam
While I agree with your view that Colombo Municipal Administration deserves a change, I do not believe it was The Grand Old Fox who revived the party. He and others remained to hold the reigns of the party in 1977.
We have the latest Central bank report indicating the fall of export earing in January by 15% over the previous month and 30% below compared to the same month last year.
It is these economic indicators that herald the revival of the UNP when, eventually, the people will be hitting the cabbage cans for survival,perhaps, in a year or two.
This is in nutshell for the revival of the Grand Old Party. |
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