Galle Deputy Mayor's case:

Injunction against polls chief

Wasantha RAMANAYAKE

COLOMBO: The Court of Appeal on Thursday issued an injunction order preventing the Election Commissioner and the Galle Returning officer from issuing a Gazette Notification unseating the Deputy Mayor of the Galle Municipality for one month.

The Bench comprised Justices S. I. Imam and Eric Basnayake.

Petitioner M. H. Foussool Niyas, the Deputy Mayor of the Galle Municipality cited the Election Commissioner and the Returning Officer for the Galle Municipality as respondents.

The petitioner was the Deputy Mayor of the Galle Municipality. He was elected a member to the municipality in May 2002. He contested under the UNP's nomination list. He stated that he had obtained the second highest preferential votes and consequently appointed the Deputy Mayor.

He stated that although he had obtained the second highest preferential votes he was not appointed the mayor following the resignation of the mayor subsequent to his election as a Member of Parliament.

He stated that the party appointed another member who had secured less preferential votes and had been ranked seventh as the Mayor.

The petitioner stated that he accepted nomination under the United People's Freedom Alliance to contest at the Local Authorities Election for the Galle Municipality while remaining as a member of the UNP since he was informed that he would not be nominated by the UNP to contest for the same.

He stated that the UNP General Secretary had informed him that he had been expelled from the party following the acceptance of the nomination by the UPFA.

He stated that the expulsion from UNP was unlawful and he had decided to challenge the UNP General Secretary's decision in the District Court.

The petitioner stated that he sought the injunction order against the Election Commissioner preventing him from publishing the gazette notification that the petitioner had vacated his office of the Deputy Mayor under the Local Government Election Ordinance to proceed with the action in the District Court.

Peter Jayasekera with Kosala Senadheera appeared for the petitioner.