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Mayor election challenge: SC reserves judgment Petitioner Mohamed Rauff Mohamed Fasy filed a writ application in the Appeal Court for a mandate in terms of Article 140 of the Constitution on the grounds that Mr. Sally had wrongfully, unlawfully, fraudulently and dishonestly got himself registered as a voter of the Colombo Municipal Council area, while actually being a resident within the electoral area of the Municipal Council of Sri Jayawardenapura, Kotte. He cited that a person could be qualified for election to the CMC inter alia only if he was ordinarily resident within the CMC electoral area. He challenged that any person who was not ordinarily resident within the CMC electoral area as on June 1, 2000 was not qualified to be a CMC member. Earlier Mr. Fasy had filed a petition in the Court of Appeal, but the application was dismissed on the grounds that there was no valid affidavit before Court and that the petitioner had omitted to state that the petitioner had not invoked the jurisdiction of the Court. He subsequently filed an application for special leave to appeal, seeking the Supreme Court to set aside the order of the Appeal Court. The Elections Commissioner, UNP General Secretary and the Attorney General were cited as respondents. The bench comprised Chief Justice Sarath N. Silva, Justices Gamini Amaratunga, and Saleem Marsoof. Romesh De Silva PC with Hiran de Alwis, instructed by Ananda Mohottala appeared for the petitioner. D.S. Wijesinghe PC with Sanjeeva Jayawardena, instructed by G.G. Arulpragasam appeared for Deputy Mayor Azath Sally. |
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