Galle District Election Petition:

UNP MPs granted time to file objections

Wasantha RAMANAYAKE

The Court of Appeal granted two Galle District UNP Parliamentarians time to file preliminary objections, in respect of the maintainability of the election petition filed by an unsuccessful UNP candidate seeking recount of all UNP preferential votes cast at the last General Election for July 20.

President’s Counsel DS Wijesinghe appearing for two UNP Parliamentarians Gayantha Karunatilleke and Manusha Nanayakkara raised the preliminary objections that the court has no jurisdiction to hear the case.

The Bench comprised Justice Sathya Hettige PC and Justice Srira de Abrew.

Counsel JC Weliamuna for petitioner Nishantha Pushpakumara, a Galle District unsuccessful UNP candidate submitted that the petitioner is prepared to bear the cost of the recount as suggested by the Additional Solicitor General (ASG) for the Election Commissioner.

ASG A Gnanathasan PC for the Elections Commissioner submitted that if the petitioner is prepared to bear the cost, the commissioner is prepared for a recount.

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

The petitioner complained to court that he observed that preferential votes cast in his favour were added to the other UNP candidates at the counting centre. He said 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 that the election of two UNP members null and void and declare elected candidates accordingly.

JC Weliamuna appeared for the petitioner.

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

President’s Counsel DS Wijesinghe appeared for the fourth and the fifth respondent MPs.

The petition will be mentioned on July 20.