Election petition:

Court issues notice on respondents

Wasantha RAMANAYAKE

The Court of Appeal yesterday issued notice on 1-15 respondents in the election petition seeking to annul the final preferential vote count of the UNP candidates in respect of the Galle District at the recently concluded General Election.

The Bench comprised Justice Sathya Hettige PC and Justice Sisira De Abrew .

Counsel J.C. Weliamuna appearing for petitioner W.A. Nishantha Pushpa Kumara moved the court to issue notice on the 1-15 respondents that included the Election Commissioner, Assistant Commissioner of Election Galle, Galle District Returning Officer Asoka Jayathilake, UNP General Secretary Tissa Attanayake. and two elected UNP members of Parliament from the Galle District.

Additional Solicitor General A. Gnanathasan PC took formal notice on behalf of the second respondent. He submitted that the first respondent Election Commissioner is out of the country and has not received instructions from the Commissioner.

Petitioner W. A. Nishantha Pushpa Kumara cited the Election Commissioner, Galle District Returning Officer Asoka Jayathilake, UNP General Secretary Tissa Attanayake and all UNP candidates who contested at the election in the Galle District as respondents.

The petitioner complained to the Court that he observed preferential votes cast in his favour were added to the other UNP candidates at the counting station. He stated that he duly complained to the returning officer who merely asked him to take legal action.

The petitioner stated that the counting of the preferential votes had not been done according to the Parliamentary Election Act and sought a recount of all votes cast in favour of the UNP.

He sought to declare the election of two UNP members null and void and declare elected candidates accordingly.

J.C. Weliamuna appeared for the petitioner.

Additional Solicitor General A. Gnanathasan PC with Maithree Jayatilleke appeared for the first and second respondents.

The petition will be mentioned on June 29.