Dharmadasa Gomes v. Commissioner of Elections and Another – sllr 2001 volume 3 page 207

In Pattiyage Dharmadasa Gomes v. Commissioner of Elections and another, the court addressed whether the Commissioner of Elections could lawfully hold a Referendum in accordance with a Presidential Proclamation issued under Section 2 of the Referendum Act No. 7 of 1982. The application sought a writ of prohibition on the premise that the President lacked constitutional authority to direct the Referendum, and, by extension, that the Commissioner’s actions were unlawful. It was determined that the relief sought would amount to judicial restraint upon the State and the Head of State, which is impermissible under Section 24 of the Interpretation Ordinance and the applicable constitutional provisions (Articles 82, 83, 85, 86, 140). The court held that the Commissioner of Elections does not posse