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
24.04.22 05:44  
தீவின் நெருக்கடிச் சூழலில் ஈழத்தமிழர் தேசம் கடைப்பிடிக்கவேண்டிய நிலைப்பாடுகள்
09.04.22 14:44   Photo
குறிதவறும் ஈழத்தமிழர் தலைமைகளுக்கு வரலாறு தருகின்ற எச்சரிக்கை
21.01.22 07:24   Photo
ஈழத்தமிழர் தேசத்தின் தலைமைத்துவம் தேர்தல் அரசியற் கட்சிகளுக்கு அப்பாலானது
02.11.21 15:32   Photo
13 ஆம் சட்டத்திருத்தத்தால் கட்டமைக்கப்பட்ட இன அழிப்பை எதிர்கொள்ள முடியுமா?
15.09.21 08:19  
English version not available
17.05.21 19:23   Photo
Ananthi blames war criminal Silva for blocking collective memorial at Mu'l'livaaykkaal
09.04.21 14:46  
English version not available
23.03.21 12:41   Photo
No focus on Tamil genocide, geopolitics gets played out in Geneva in favour of QUAD formation
21.03.21 13:34   Photo
Navi Pillay explains ‘human rights’ limitations in Geneva on Tamil genocide
15.03.21 20:36   Photo
Deceived Tamil activists in UK falsely claimed ‘substantial changes’ to Zero draft
09.03.21 21:34   Photo
UK repeatedly wronged Tamils says hunger-striker, demands genocide justice
26.02.21 11:53   Photo
Tamils witness false dilemma in Geneva as geopolitical formations pit against each other
19.02.21 14:02   Photo
UK not prepared to push for ICC option in new UNHRC Resolution
07.02.21 23:16   Photo
Unprecedented P2P uprising paves the way for rights-oriented politics of Tamils and Muslims
22.01.21 08:01   Photo
Gotabaya sets up deceptive COI citing ‘sovereignty’ and ‘non-aligned’ foreign policy
 
Find this article at:
http://www.tamilnet.com/art.html?catid=13&artid=5474