The Supreme Court was informed by the Attorney General that the Supreme Court had already delivered a judgment to hold the election based on the 2017 Nomination papers.The petitioners, who are eligible to vote at the Elpitiya Pradeshiya Sabha by-election, sought an order restraining the respondents from holding an election for the Elpitiya Pradeshiya Sabha based on the nominations called for in 2017.
The petitioners stated that the holding of the election based on the 2017 nomination papers would violate the franchise of the citizenry including the petitioners and amount to an infringement and further imminent infringement of the petitioners’ fundamental rights guaranteed under Article 12(1)14(1)(a) of the Constitution.
The petitioners stated that it was likely that several other candidates nominated in 2007 may no longer be resident within the limits of Elpitiya Pradeshiya Sabha and even if elected would be disqualified from holding office on the basis of their residence.The petitioners named the Galle District returning officer, Election Commission Chairman and members of Election Commission as respondents. Counsel Suren Fernando appeared for the petitioners. Additional Solicitor General Indika Demuni de Silva appeared for the respondents.