ARIYARATNE AND OTHERS

Vs.

KODIKARA AND OTHERS

SUPREME COURT
PRASANNA JAYAWARDENA, J.
DEHIDENIYA, J.
AMARASEKERA, J.
SC/WRIT/12/2018
APRIL 29, 2019

Local Authorities Elections Ordinance, No. 53 of 1946, section 28(5) - Meaning of delivery of nomination paper to the returning officer by the authorised agent of a political party

The 1st petitioner was duly appointed under the provisions of the Local Authorities Elections Ordinance, No. 53 of 1946, as the authorised agent of a political party, namely the Democratic United National Front, for the purposes of the election of members of the Elpitiya Pradeshiya Sabhawa at the 2018 election. The 1st respondent was the returning officer for the electoral area of the Elpitiya Pradeshiya Sabhawa in terms of section 27(1) read with section 4(1) of the Ordinance. He also functioned as the election officer for the purposes of the aforesaid election.

In terms of section 28(5) of the Ordinance, the nomination paper shall be delivered to the returning officer within the nomination period by the secretary or the authorised agent of the recognised political party. The 1st respondent rejected the nomination paper submitted to him by the Democratic United National Front on the basis that it had been delivered to him by the 2nd petitioner and not by the 1st petitioner who was the authorised agent of that political party.

Held:

The 1st petitioner was physically present at the time the nomination paper was handed over to the 1st respondent by the 2nd petitioner who was acting under the 1st petitioner's direct control at that time and on behalf of the 1st petitioner. The 1st petitioner was an integral part of the act of delivering the nomination paper to the 1st respondent. This constitutes compliance with the requirements of section 28(5) of the Ordinance.

Cases referred to:

1. Ediriweera v. Kapukotuwa [2003] 1 Sri LR 228
2. Punchinilame v. Premaratne (SC/SPL/LA/78/2002, SC Minutes of 30.04.2002)
3. Nehatamullah v. Dissanayake (CA/88/2011, CA Minutes of 12.05.2011)

APPLICATION for Writs of Certiorari and Mandamus.

A.S.M. Perera, P.C., with Neville Ananda for the Petitioners.

Viveka Siriwardena, D.S.G., with Rajitha Perera, S.S.C., for the 1st to 5th and 10th Respondents.

cur. adv. vult.

August 30, 2019

PRASANNA JAYAWARDENA,J.

An election to elect members of Local Authorities throughout the island was to be held on 10th February 2018. The Elpitiya Pradeshiya Sabhawa is one such Local Authority. Elpitiya is located within the District of Galle.

The provisions of law governing this election including the provisions of law governing the nomination of candidates for election as members of a Local Authority, are set out in the Local Authorities Elections Ordinance No. 53 of 1946, as amended. ["the Ordinance"].

On 27th November 2017, the Elections Commission of Sri Lanka published a public notice calling for nominations of candidates for election as members of Local Authorities, including the Elpitiya Pradeshiya Sabhawa, at the aforesaid proposed election. The notice specified that the nomination period commenced on 18th December 2017 and ended on 21st December 2017.

The 1st, 2nd and 3rd petitioners are all members of the political party named "Prajathanthravadi Eksath Jathika Peramuna" ["Democratic United National Front"], which was a "recognised political party" for the purpose of election of members of Local Authorities under and in terms of the Ordinance. The 1st and 2nd petitioners, along with 29 others, were candidates nominated by the Democratic United National Front for election as members of the Elpitiya Pradeshiya Sabhawa at the aforesaid election. The 3rd petitioner is the Secretary of that political party.

On 4th December 2017, the 1st petitioner was also duly appointed, under and in terms of the provisions of the Ordinance, as the authorised agent of the Democratic United National Front for the purposes of