Chandrapala vs The Commissioner of Elections and 3 Others – sllr 2012 volume 2 page 208

In the case between Chandrapala (Petitioner) and the Commissioner of Elections and others (Respondents), the court addressed the issue of whether the refusal to issue a tendered ballot paper to a qualified voter, whose name was erroneously recorded as having voted by post, amounted to a violation of the right to equality under Article 12(1) of the Constitution. It was held that such refusal was arbitrary and constituted an infringement of the petitioner’s fundamental rights, reaffirming the principle that the right to vote and equality before the law must be protected. This decision relied on Section 43 of the Provincial Councils Elections Act and relevant case law, emphasizing that procedural fairness and non-discrimination are essential in the conduct of elections, and directing compensa