N’ Eliya Election petition:

AG asked to made submissions

Hiran H.Senewiratne

The Court of Appeal yesterday ordered the Attorney General (AG) to make oral submission for preliminary objections in the Nuwara Eliya District Parliamentary Election petition case, while the Petitioner was given one week’s time to file witnesses affidavits.

The Bench comprised of Court of Appeal Justice Sathya Hettige (President) and Justice Sarath Abrew ordered AG to make oral submissions by way of preliminary inquiry, because the Parliamentary Election Act does not provide any provision on AG to file submissions in this instance.

The election petition was filed by two UNP candidates V Mailvaganam and S Sathasivam on April 30, after the Parliamentary Election before the Court of Appeal to declare the election results void .

To expedite the hearing of the case Justice Hettige ordered witnesses to file affidavits within one week from yesterday on alleged election malpractices and irregularities, which occurred during the election period in the Nuwara Eliya district.

The Additional Solicitor General K Ghanadasan appearing for the Attorney General informed Court that they have to file preliminary objections before Court for the maintainace of the case. Therefore a special jurisdiction is being granted from the Constitution to the Court of Appeal to hear election petitions. The case was put off for July 27.

In this case petitioner cited Election Commissioner, Returning Officers and Assistant Returning Officer and the Attorney General as first , second , third and fourth respondents respectively. Attorney-At-Law Malinda Ralapanawa appeared for petitioners.