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UNP applies for special leave to appeal against CMC list rejection

The UNP yesterday (10) filed an application before the Supreme Court for special leave to appeal against the judgment of the Court of Appeal dismissing its application filed against the rejection of its nomination list for the forthcoming Colombo Municipal Council elections.

Petitioner, the UNP General Secretary is seeking an order from the Supreme Court to quash the purported order made by the Returning Officer rejecting its nomination paper.Petitioner in his application cited the Elections Commissioner, Returning Officer Mahinda Deshapriya and 18 others as respondents.

In his application, he inter alia states that by the notice issued by the Assistant Registering Officer for Electoral District No. 1, whereby it has been declared that notice is given that the register of electors as revised for the year 2004, in respect of the Electoral district of Colombo – Colombo Municipal Council area, has been duly certified and is open for inspection.

On the same day, i.e, 1.6.2005 and in the very same gazette, the Elections Commissioner issued notice intimating that the revision of the Register of Electors for the year 2005 has commenced on 1.6.2005 in respect of all the Municipal Council areas of the Colombo district, it added.

Petitioner contends that the revision of this operative register of 2004, i.e for the year 2005, commenced on 1.1.2005 as has been declared by the Elections Commissioner and published in the gazette.

He maintains that thus the youth candidates nominated by the UNP for the Local Authorities Election for 2006, have to be 18 years of age as at June 1, 2005 and argues that it is because 2005 is the year in which the revision of the operative register commenced.

He states that the youth candidate, D.M.P.S. Lakmal, who was purportedly ruled to not qualify under the youth category, was born on 28.2.1987 and reached the age of 18 on 28.2.2005 and maintains that therefore, as at 1.6.2005, the said candidate was clearly 18 years of age as 2005 was the year in which the revision of the operative register commenced.

He contends that in these circumstances, the impugned decision of the Returning Officer is ex facie bad in law and ultra vires and patently lacking in jurisdiction and maintains that the said order of rejection of the UNP nomination paper seriously impinges upon and gravely undermines the lawful franchise of the people which is protected by high constitutional provision and effectively denies the sovereign right of the constituency to elect the candidate of their choice. (Daily Mirror By S.S. Selvanayagam)

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April 11, 2006 - Posted by | Media Journalism, News and politics, South Asia, World News

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