PILAPITIYA v. MUTTETTUWEGAMA AND OTHERS – 1978_79_80 volume 1 page 033

In the case between the petitioner-respondent (the elected member for the Electoral District of Kalawana) and MUTTETTUWEGAMA and others (respondents who filed the election petition), the court addressed whether special leave to appeal could be granted against an interlocutory order of the Court of Appeal in an election petition matter. It was determined that, while the Supreme Court holds wide discretionary power under Article 128(2) of the Constitution, the statutory scheme including Articles 118(e), 130(b), 128(2), 169(10), and section 82A of the Ceylon (Parliamentary Elections) Order in Council, coupled with the continuing jurisdiction of the Court of Appeal, precludes such interlocutory appeals at this stage. The holding reaffirmed that applications for special leave to appeal in such