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CMC UNP list: Court stays rejection order
By Teles Anandappa
The Appeal Court granted interim relief in response to the petition filed by the United National Party against the rejection of the party’s nomination list for the Colombo Municipal Council election.

The UNP nomination list was rejected by the Returning Officer of the Elections Department on the grounds that there was an underage candidate in it.
Senior Counsel Faisz Mustapha PC, appearing for the petitioner told Court that a Returning Officer cannot determine the competency of a candidate and that he was only entitled to a physical check and a head count of the list and any other option should be dealt with by the Local Authorities Election Act as amended by Act No 1 of 2002.

Solicitor General C.R.De Silva said the Returning Officer had no obligation to give reasons for the rejection of the nomination list and as the youth candidate was under 18 on June 1, 2004, the order of the Returning Officer was correct. Mr. De Silva also pointed out to Court that the UNP had requested the Court to quash the contents of the wrong document.

He said the UNP should have asked the Court to quash the letter whereby the Returning Officer had indicated to UNP General Secretary N.V.K.K.Weragoda that the UNP nomination list for the CMC had been rejected.

However in the petition, the UNP had requested the Court to quash the letter, which was an intimation from the Elections Commissioner to the UNP General Secretary in reply to a letter of protest sent by the latter. The petitioner maintained that the Returning Officer’s decision was bad in law.

The petitioner is seeking a court order directing the Elections Commissioner and the Returning Officer to accept forthwith the nomination list and quash the determination of the Returning Officer rejecting the nomination.
The petitioner cited Elections Commissioner Dayananda Dissanayake, Colombo Municipal Council area Returning Officer Mahinda Deshapriya, the Attorney General and 17 others as respondents.

The Bench comprising Justices K. Sripavan and Sisira de Abrew heard the submissions of both counsel and issued an interim order staying the operation of the purported order made by the Returning Officer rejecting the nomination list of the UNP and restraining the Elections Commissioner from conducting the election of members to the Colombo Municipal Council scheduled to be held on March 30, 2006.

The respondents were given time till March 8 to file objections. Notice was issued on the respondents returnable on March 9.

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