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Monday, 04 March 2002  
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CA quashes rejection of nomination papers

by Rodney Martinesz

The Court of Appeal issued a Writ of Certiorari against the Commissioner of Elections and the Returning Officer Kalutara quashing their decision to reject the nomination papers of the Independent Group for the Panadura Urban Council election.

The Court also issued a Writ of Mandamus compelling them to accept the nominations filed by the said Independent Group headed by Gerard Rienzie Fernando former PA UC Chairman Panadura.

Dr. Jayatissa de Costa, the Counsel for the petitioner submitted that the Returning Officer had clearly acted ultra vires of the Local Authorities Elections Ordinance especially Section 31 in rejecting the nomination papers of a youth candidate when the birth certificate was produced in support of his date of birth.

The Court further ordered the Registrar to inform the first and second respondents, the Commissioner of Elections and Returning Officer Kalutara respectively by telegram and telephone of the Court's decision.

Dr. Jayatissa de Costa with D. D. P. Dassanayake, Asoka Fernando and Kapila Epitawela appeared for the petitioners.

DSGs Uyanjan Wijayathilake and A.Gnanathasan appeared for the respondents.

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