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SLMC FR plea refused

The Supreme Court yesterday refused to grant Leave to Proceed with a Fundamental Rights application against the refusal of the nomination paper of the Sri Lanka Muslim Congress (SLMC) in connection with the Jaffna Municipal Council election.

The Court noted that there was no basis to grant leave to proceed.

The Bench comprised Chief Justice Asoka de Silva, Justice K. Sripavan and Justice Chandra Ekanayake.

Petitioners SLMC Acting General Secretary Nizam Kariyappar, Mohamed Ismail and SLMC cited 17 respondents including the Elections Commissioner, the Returning Officer of Jaffna and the General Secretaries of the parties contesting the election and several others as respondents.

President’s Counsel Jayampathi Wickremaratne for the petitioners submitted that the second respondent returning officer informed that the SLMC nomination paper for the Jaffna Municipality rejected on the basis of the failure to produce an affidavit or a birth certificate of one of the youth candidates.

The counsel stated that to the best of the petitioners’ recollection they had produced an affidavit of the youth candidate.

He stated that the rejection of the nomination paper would adversely affect the franchise of the second petitioner and voters of Jaffna.

The petitioners sought an order to accept the SLMC nomination paper, a declaration that their rights had been violated and an interim relief preventing the respondents from taking steps to hold the election until the final determination their rights plea.

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