NUA Batticaloa list challenge dismissed

[TamilNet, Monday, 09 October 2000, 15:44 GMT]
The Sri Lankan Court of Appeal Monday dismissed an application challenging the National Unity Alliance (NUA) nomination for the Batticaloa district. The Tamil Eelam Liberation Organisation (TELO) candidate, Mr.N.Indrakumar, filed a writ application requesting the court to issue a Writ of Mandamus directing the Commissioner of Elections and the Returning Officer to reject the nomination paper of the NUA. Justice Asoka de Silva made this order upholding the preliminary objections raised by the counsel for the respondents.

The petitioner stated that when he checked the copy of the nomination paper of the NUA, he found that the fourth respondent, Chelliah Rajadurai, was the first named on the nomination paper. Rajadurai, who was a well known politician in Batticaloa and former Cabinet Minister in the then UNP government as well as Sri Lanka's former High Commissioner in Malaysia, is currently living in Malaysia.

The petitioner stated that he was reliably informed that Rajadurai was not in Colombo on September 3, the day on which he was said to have consented to contest the election and signed the nomination paper.

Indrakumar cited Commissioner of Elections Dayananda Dissanayake, R.Mounagurusamy, Returning Officer of the Batticaloa district, Rauff Hakeem, General Secretary of the NUA, Chelliah Rajadurai and seven other NUA candidates as respondents.

Deputy Solicitor General, K.Sripavan in his preliminary objections stated that the Parliamentary Elections Act did not provide for an inquiry by the Returning Officer with regard to the acceptance of the nomination paper. If the nomination paper was in the form set out in the Act and in compliance with Section 19 of the Act, the Returning Officer was not empowered to reject it. He also stated that in any event the signature of the candidate had been placed in the presence of Justice of the Peace.

President's Counsel Faiz Musthapa who appeared for the Mr.Rauff Hakeem said that the petitioner had filed this application on September 19 and the petitioner has an effective alternative remedy by a way of Writ of Quo Warranto. Mr.Musthapa further submitted that the petitioner did not lodge any objections before the Returning Officer with regard to the validity of the nomination paper.

The objections of the respondents' counsel was upheld, and the application dismissed.

 

Latest 15 Reports
12.07.18 12:22   Photo
Genocidal Sri Lanka seizes ancient coastal hamlet of Tamil-speaking aborigines in Trincomalee
11.07.18 18:20  
Collaborationist sections of TNA lose significance, Wigneswaran holds key to unified Tamil polity
10.07.18 21:53  
SL Military Intelligence recommences recruitment of notorious ex-paramilitary operatives
09.07.18 22:30   Photo
Antiquities Ordinance used to justify Sinhalicisation of 48 locations in Mullaiththeevu
08.07.18 19:06   Photo
TNPF protests against Colombo's move to militarise Jaffna Fort
07.07.18 19:56   Photo
SL Police in Champoor blocks remembrance of Tamils massacred by SL military
06.07.18 23:17  
Jaffna University silent to Colombo's pressure, motives behind Fort excavation questioned
05.07.18 23:49  
Tamils need native movements to confront Colombo-centric environmental exploitations
04.07.18 20:29  
Geneva-based human rights regime is big disappointment: Tamil political prisoners
03.07.18 23:39   Photo
Source files from one of digital cameras witnessing 2009 genocide released to public domain
02.07.18 22:55   Photo
Macro-level approach needed to confront genocidal land grab in Mullaiththeevu
01.07.18 10:20  
Champoor Tamils experience trauma as Colombo trains marine forces in occupied Moothoor East
30.06.18 22:08   Photo
Colombo accelerates delinking of Tamil-speaking demographic contiguity in North-East
29.06.18 23:05   Photo
Sinhala colonisation chokes off territorial contiguity of Tamil homeland at Thennai-maravadi
28.06.18 23:38  
Sinhalas have come in big way, as opening of Kandyan Kingdom: Rt Rev Jebanesan
 
Find this article at:
http://www.tamilnet.com/art.html?catid=13&artid=5474