CMC Poll: UNP nominations rejection upheld

Wasantha RAMANAYAKE

COLOMBO: The Court of Appeal yesterday holding with the decision of the Colombo Returning Officer rejecting the nomination paper of the United National Party for the Colombo Municipal Council at the Local Authorities Election dismissed the Writ application filed by the party.

The Bench comprised Justice K. Sripavan and Justice Sisira de Abrew. Delivering the unanimous judgement, Justice Sripavan held with the decision of second respondent Returning Officer Mahinda Deshapriya who rejected the nomination paper on the basis that it did not contain the total number of youth candidates.

The nomination paper fell short of the total number of the youth candidates when the Returning Officer declared that one Youth candidate Supun Lakmal was ineligible to contest since he had not reached the age of 18 by June 1, 2004, the date of the commencement of the revision of the 2004 Electoral Register based on which the election to be held. He also held that the youth should have been 18 by June 1, 2004.

The Justice noted that the second respondent Returning Officer had not committed any error in law by rejecting the nomination paper.

"If the mandatory requirement as to the age was not in compliance with the definition, the returning officer had the power to reject the nomination paper in terms of the Section 31(1)(bb) of the Local Authorities Election Act."

He further noted that the law demanded strict adherence. "In exercising his jurisdiction the returning officer is obliged to act in strict obedience to the law which empowers on him simple and definite duty in respect of which he has no choice."

The parties in a number of other applications that involved similar issue dealing with youth candidates agreed to abide by the judgement.

This included two applications with regard to the Gampaha Municipality, Wattegama Urban Council and Kobeygane Pradeshiya Sabha by UPFA and the Galle Municipality by an Independent Group.

Petitioner UNP General Secretary N.V.K.K. Weragoda filed the application challenging the decision of Returning Officer of the Colombo Municipal Council area Solicitor General C.R. de Silva PC with Deputy Solicitor Generals A. Gnanathasan and Shaveendra Fernando Senior State Counsel Nerin Pulle appeared for the Election Commissioner and the Returning Officer.

President's Counsel Faiz Musthapha PC with Upul Jayasuriya, Roland Perera and Sanjeewa Jayawardane appeared for the petitioner. Manohara de Silva with Udaya Gammanpila instructed by Bandara Thalagune appeared for 8th respondent JHU.

Dr. Jayantha Almeida Gunaratne with Kishali Pinto Jayawardane instructed by P. Agalawatte appeared for 9th respondent JVP.