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Friday, 1 March 2002  
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Court of Appeal OKs 4 PA nomination lists

by Rodney Martinesz

The PA yesterday secured its nomination lists for four Pradeshiya Sabhas that were originally rejected during nomination for the upcoming Local Government Elections,following a ruling by the Court of Appeal while the UNP applications with regard to three local bodies are pending before the same court with judgement expected on Monday.

Court of Appeal Judge Shiranee Thilakawardena entered judgement in favour of the PA in respect of the Hali-Ela, Mihintale, Tirappane and Ratnapura Pradeshiya Sabhas while the LSSP too succeeded in getting its rejected nomination paper for the Kesbewa Pradeshiya Sabha finally accepted by the court ruling.

The above cases pertained to the rejection of nomination papers by the Returning Officers on grounds of failure to adhere to form in the tendering of birth certificates by the youth candidates.

Justice Thilakawardena observed that the intention of the legislation was to encourage youth participation in the electoral process and since there was substantial compliance(in the tendering of nominations) court would grant the Writ of Mandamus directing the Returning Officer to accept as valid the nominations.

Justice Thilakawardena also decided go into detail of the UNP applications for the Ratnapura Municipal Council and the Akuressa and Nattandiya Pradeshiya Sabhas before concluding whether the discretion (of the Returning Officers) was directory or mandatory.

Faisz Musthapha PC with Dr.Jayampathy Wickramaratne PC, Wijayadasa Rajapakse PC and M/S Faiszar Markar instructed by Gaston Jayakody appeared for one of the petitioners in the Hali-Ela case.

Dr.Jayantha de Almeida Gunaratne with Ms. Kishali Pinto Jayawardene appeared for the other petitioner. Shibly Aziz PC with Ronald Perera appeared for the UNP General Secretary.

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