Fresh hearing of UNP CMC petition today

Wasantha Ramanayake COLOMBO: The Supreme Court will today hear afresh the Special Leave Application filed by the United National Party challenging the Court of Appeal judgement that held with the decision of the Colombo Returning Officer rejecting the party's nomination list for the Local Authorities Election for the Colombo Municipal Council scheduled for May 20.

The Bench comprised Justice Dr.(Mrs.) Shirani Bandaranayake, Justice Raja Fernando and Justice Nimal Gamini Amaratunga.

The court yesterday fixed the application for today when the time factor barred it from further hearing. "There was no possibility to resume the matter before the same Bench as the this Bench will not be sitting until May 22. All counsel informed the court that postal voting of the Local Authorities election will take place on Monday 8," the court noted.

In view of the urgency court fixed the case for today. The interim relief i.e. seeking a postponement of the election until the conclusion of the hearing will also be considered by the court. Petitioner's Counsel Faiz Musthapha PC who made submissions yesterday will be making submissions again.

Solicitor General C.R. de Silva PC and Manohara de Silva for the Jathika Hela Urumaya objected to the postponement of the postal votes being held on May 8 as an interim measure without hearing them.

Similar applications challenging the Court of Appeal Decision with regard to the United Peoples Freedom Alliance nomination list for Gampaha Municipality and Kobeigane Pradeshiya Sabha and an independent group nomination list for Wattegama Pradeshiya Sabha too would be considered today.

The petitioners, the General Secretaries of the two parties made the instant applications being aggrieved by the judgement of the Court of Appeal that refused to quash the decisions of the respective Returning Officers rejecting the nominations lists and to make orders compelling the respondents to accept the nominations of the petitioners' parties for the respective local bodies. The court held with respondent returning officers that the youth candidates should be 18 by June 1, 2004.

According to the petitioners the respondent returning officer had wrongfully decided that some youth candidates in their parties' nominations for the respective local authorities could not be defined as "Youth Candidates" as defined by the Section 31(2) of the Local Authorities (Elections) Ordinance since they had not attained 18 years of age as at June 1, 2004 the date of the commencement of the revision of the 2004 Electoral Register based on which the election to be held.

The petitioners stated that disqualification of these youth candidates made the lists fall short of the required total number of the youth candidates.

The petitioners sought to set aside the judgement of the Court of Appeal and to accept their nomination lists for the respective municipalities.

President's Counsel Faiz Musthapha with Ronald Perera, Upul Jayasuriya and Sanjeewa Jayawardane appeared for the UNP.

Solicitor General C.R. de Silva PC with Deputy Solicitor General A. Gnanathasan, DSG Shavindra Fernando and Senior State Counsel N. Pulle appeared for the respondents.