SC stays Elpitiya PS election

The Supreme Court yesterday issued an Interim Order preventing the Elections Commission from taking further steps to proceed with holding the election to the Elpitiya Pradeshiya Sabha, until a final determination of a writ petition.

The Supreme Court three-judge-Bench comprising Justice Buwaneka Aluvihare, Justice K.T. Chitrasiri and Justice Prasanna Jayawardena made this order persuent to a writ petition filed by the Democratic United National Front.

Meanwhile, the Supreme Court issued notices on the respondents including the Election Commission Chairman to appear in court on February 15.

Issuing an Interim Order on the Galle District Returning Officer, the Supreme Court observed that there is an ample reason to grant relief pleaded by petitioners.

Democratic United National Front (DUNF) was founded in 1990 by a group of United National Party dissidents. The party was led by late Lalith Athulathmudali and Gamini Dissanayake.

Three members of DUNF filed this petition in the Supreme Court naming Elections Commission 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 Elpitiya Pradeshiya Sabha to accept the nomination paper delivered to the Election Officer by the authorised agent of the DUNF for the election of members to the Elpitiya Pradeshiya Sabha.

Three petitioners Vithanage Ariyaratne, Thilak Opatha, Ariyawansa Dissanayake (party secretary) had filed this petition naming Assistant Commissioner of Elections (Galle District), Election Commission Chairman Mahinda Deshapriya and several others as respondents.

The nomination papers handed by the DUNF were rejected for the reason that they have been handed over by a person who is not the authorized agent.

President’s Counsel Srinath Perera appeared for the petitioners.

Deputy Solicitor General Viveka Siriwardena appeared for the Election Commission. 

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