Archives

by Wasantha Ramanayake

The Supreme Court yesterday reserved the order in connection with the Appeal made by the Matara District Returning Officer, for Akuressa Pradeshiya Sabha challenging the Court of Appeal order to accept the UNP nomination papers for the Local Government Election held recently.

The Bench comprised Chief Justice Sarath N. Silva PC, and Justices Ameer Ismail and T. B. Weerasuriya.

Respondent-appellant Gamage Somapala Ediriweera, Returning Officer for the Akuressa Pradeshiya Sabha, has cited 28 respondents including the UNP General Secretary Senarath Kapukotuwa.

Additional Solicitor General Saleem Marsoof PC, submitted that the Nomination paper should be signed by the General Secretary in case of a recognised political party and his signature should be duly attested by a Notary Public or a Justice of Peace. In terms of the Local Government Ordinance, if the nominations papers were not signed it should be rejected and that was mandatory. "It was an imperative section and the returning officer has no choice about it." He further submitted that the rubber seal would in no way be equated to a signature, which would speak i.e. it had its own characteristics whereas mark or a rubber seal did not.

He further submitted the attester should specifically mention whether he was to attest a mark, thumb impression of a foot impression, other than a signature. He also said that there was no evidence as to who initialled the said nomination papers. Citing several judgments he said that a rubber seal is in sufficient.

Petitioner-respondent's counsel Razik Zarook submitted that the Nomination papers were handed over by the authorised agent who had been authorised by the General Secretary of the party. The fact that the nomination paper had been initialled by the General Secretary and that he had put his rubber seal and considering the totality of the circumstances the court of Appeal had ordered to accept the nominations papers.

Appellant claimed that he rejected the said nomination paper when several persons objected to accepting it indicating that it did not contain the signature of the Party's General Secretary. He claimed that the UNP General Secretary had properly signed the nomination papers of 10 Pradeshiya Sabhas, one Municipal Council and one Urban Council in the Matara District except the Akuressa Pradeshiya Sabha.

He prayed the court for setting aside the Writs of Certiorari and Mandamus issued by the Court of Appeal quashing his decision to reject the said nomination paper and direct him to accept the same.

Earlier, the court granted interim relief staying the execution of the Court of Appeal order directing the Akuressa Returning Officer, to accept the UNP nomination papers for the Akuressa Pradeshiya Sabha at the Local Government Election, until the final determination of the appeal.

Additional Solicitor General S. Marsoof PC with state counsel Janaka de Silva appeared for the appellant.

Shibly Aziz PC with Razik Zarook, Lasantha Hettiarachchi and Senani Dayaratne appeared for respondents.

News | Business | Features | Editorial | Security
Politics | World | Letters | Sports | Obituaries |

Produced by Lake House
Copyright 2001 The Associated Newspapers of Ceylon Ltd.
Comments and suggestions to :Web Manager