Appeal Court issues interim injunction:

Polls to three PSs withheld

Petitions submitted by UPFA, Independent group:

Shiromi ABEYSINGHE

An interim injunction was issued by the Court of Appeal yesterday preventing the Elections Commissioner from holding the local elections for the Akmeemana, Moneragala and Akuressa Pradeshiya Sabhas.

The Court also issued interim injunctions preventing the decisions taken by returning officers to reject the nominations submitted by the UPFA to the Akmeemana and Moneragala PS elections and the nominations submitted by an Independent Group to the Akuressa PS elections. The orders were issued after considering petitions submitted by the UPFA and the Independent Groups. These injunction orders will be valid until hearing into the writ applications are concluded.

The Bench comprised President of the Court of Appeal Sathya Hettige and Upali Abeyratne.

The petitions were submitted in respect of the nominations of the Akmeemana and Moneragala Pradeshiya Sabhas by UPFA General Secretary Susil Premajayantha while the applications in respect of Akuressa was submitted by Lalith U Gamage, accredited agent of the UPFA.

D S Wijesinghe PC who supported the petition on behalf of the UPFA said the nomination papers for the Akmeemana PS were rejected by the returning officer saying the JP who attested the affidavit of a candidate had failed to place his signature but this was against law since the signature of a JP had not been made compulsory by the Constitution.

Nihal Jayamanne PC submitted at the UPFA nomination list for Moneragala had been rejected in grounds that the birth certificate of a youth candidate was not annexed but other documents were submitted to substantiate the age of the candidate.

The rejection of the nomination lists had deprived the right of other candidates to contest the election and the right of voters to exercise their franchise. State Counsel Anusha Samarasinghe with Additional Solicitor General A Gnanadasan appeared for the Election Commissioner while Attorney A P Niles appeared for UNP General Secretary Tissa Attanayake and Attorney Krishmal Warnasuriya appeared for JVP General Secretary Tylvin Silva.