Kumarasinghe v. Dayananda Dissanayake – sllr 2001 volume 2 page 252

In the case between Kumarasinghe (Plaintiff) and Dayananda Dissanayake (Defendant, Commissioner of Elections), the court addressed the issue of whether the Commissioner of Elections has the power to call for nominations for the Provincial Council Elections in the Northern and Eastern Provinces under conflicting statutory and emergency regulatory directions. It was determined that, under operative emergency regulations issued pursuant to the Public Security Ordinance, the Commissioner was legally prohibited from calling for nominations, despite the statutory framework of the Provincial Councils Election Act. The principle reaffirmed is that a writ of mandamus cannot be issued to compel an act the respondent is legally unable to perform. This decision relied on legislative provisions, judici