CMC: Interim Order on Polls Chief
 

Shiromi ABAYASINGHE

COLOMBO: The Court of Appeal issued an Interim Order on the Commissioner of Elections yesterday restraining him from holding the Local Government Election to elect members to the Colombo Municipal Council scheduled for March 30 this year until the final determination of the application before Court.

The Interim Order further restrained the implementation of the decision of the Returning Officer rejecting the Nomination Paper filed by the United National Party.

The Bench comprised Justice K. Sripavan and Justice Sisira Abrew. The Application for an Interim Order was made by UNP General Secretary N.V.K.K. Weragoda challenging the decision of the Returning Officer to reject the UNP Nomination Paper for the election of members to the Colombo Municipal Council.

Issuing the Interim Order, Justice Sripavan observed that failure of the Returning Officer to inform the UNP agents the reasons for rejection of the Nomination Paper is contrary to the Law and that the Petitioner was entitled to know the reasons for rejection.

The Judge further mentioned that the Returning Officer was expected the act with transparency. He has not stated the reason for rejection of the Nomination Paper in his letter to the UNP General Secretary.

Therefore the Application for Interim Injunction contains a prima facie case for determination by Court, the judge observed. The Court issued Notice on Respondents returnable on March 9.The respondents were further ordered to file their submissions on March 8.

Election Commissioner Dayananda Dissanayake, Colombo Returning Officer Mahinda Deshapriya, Colombo Electoral District Registrar and Assistant Registrar, the Secretaries of Parties and Groups which handed over nominations for the Colombo Municipal Election and the Attorney General were cited as the Respondents in the Application.

Solicitor General C.R. de Silva appeared for the Election Commissioner. Attorney-at-Law Manohara de Silva addressed Court on behalf of the General Secretary of Hela Urumaya while Attorney-at-Law Nimal Weerakkody appeared for the JVP.case will be called again on March 9.