Petition against nomination of MP dismissed

The petition filed in the Supreme Court asking the Elections Commissioner to stay the nomination of Mr. Nandamithra Ekanayake to Parliament as a member, following the death of Parliamentarian Alick Aluvihare, was dismissed by the Supreme Court.

The petitioner Ekanayake Bandaranayake cited the Returning Officer for the Parliamentary elections held on April 3, the Elections Commissioner, the Secretary General of Parliament, Nandamithra Ekanayake, the General Secretary of the United National Party and the Attorney General as respondents.
Romesh de Silva P.C.,appearing as counsel for the petitioner submitted to Court that the fourth respondent Nandamithra Ekanayake was a member of the UNP and contested the Parliamentary elections and received the highest preferential votes after Mr. Aluvihare.

Nandamithra

He said that Mr. Ekanayake had subsequently crossed over to the UPFA and was nominated as a candidate for the Provincial Council elections for the Central Province held in February 2009. He further said that as he had been nominated as a candidate for another party he ceased to be a member of the UNP according to the constitution of the party.

Kuvera de Soysa, counsel for Mr. Ekanayake said that he (the respondent) states that as there was no inquiry held therefore there was no rule of justice.

Romesh de Silva, counsel for the petitioner informed Court that two letters were sent under registered cover to Mr. Ekanayake after he was nominated as a candidate for the Provincial Council elections under the UPFA ticket, calling for his explanation but he had not responded and therefore the UNP working committee had decided to cancel his membership of the party. He further said that the General Secretary had informed the Elections Commissioner that as Mr. Ekanayake was now not a member of the UNP he should not be nominated to the vacant seat.

The petitioner states that as he was the candidate with the next highest preferential votes under the UNP ticket he should be given the opportunity of representing the party after the death of Mr. Aluvihare and if Mr. Nandamithra Ekanayake is nominated it is arbitrary and capricious and the petitioner’s fundamental rights violated according to Article 14(1) and 12(1) of the Constitution. The Bench comprised Justices Shiranee Bandaranayake, Chandra Ekanayake and I Imam.