Vigneswaran and Stephen v. Dayananda Dissanayake and Others – sllr 2002 volume 3 page 059

In the case between Vigneswaran and Stephen (on behalf of the Eelam People’s Democratic Party – EPDP) and Dayananda Dissanayake, Returning Officer and others, the court addressed the issue of whether the Returning Officer’s summary rejection of an objection to a nomination paper, based on alleged candidate disqualification, is subject to judicial review by prerogative writ. It was held that the Returning Officer’s decision, given the plain statutory framework of the Elections Act (sections 15 and 19) and relevant constitutional articles, is a purely ministerial action with no requirement or authority to conduct an inquiry into candidate qualifications or disqualifications at the nomination stage. The applications for prerogative writs were dismissed, reaffirming the principle that the Retu