SARATH FONSEKA V. MAHINDA RAJAPAKSE AND OTHERS

SARATH FONSEKA V. MAHINDA RAJAPAKSE AND OTHERS

SUPREME COURT
J. A. N. DE SILVA, C.J.,
DR. SHIRANI A. BANDARANAYAKE, J.,
SRIPAVAN, J.,
RATNAYAKE, J., AND
IMAM, J.
S. C. PRESIDENTIAL ELECTION PETITION NO. 1/2010
SEPTEMBER 13TH,14TH AND 15TH, 2010

Election Petition - Presidential Election -Preliminary Objections - Dismissal in limine - Prayer to the petition misconceived in law - Failure to join necessary parties - Failure to furnish material facts in terns of Section 96(c) of the Presidential Elections Act, No. 15 of 1981 - Petition does not conform to the requirement set out in Section 96(d) of Act, No. 15 of 1981 - Petition does not set forth full particulars of any corruption or malpractices the petitioner had alleged - Jurisdiction to hear a Presidential Election petition - Article 130 of the Constitution - Section 94 of the Presidential Election Act - Not sought a declaration that the election was void. Maintainability, of the Petition?

The Petitioner, one of the unsuccessful candidates at the Presidential Election held in 2010, sought to have the election of the candidate, the 1st' Respondent declared null and vo

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