Nagananda Kodituwakku vs Election Commission et al. – 205/2022-2022

In Nagananda Kodituwakku, General Secretary of the Vinivida Foundation v. Election Commission and Others, the court addressed whether the petitioner’s application challenging the election of specified respondents as Members of Parliament satisfied constitutional and procedural requirements. The court held that the petitioner’s application was deficient on procedural grounds, notably due to non-compliance with notice requirements, material misrepresentation of facts regarding a visa interview, and the suppression of the dismissal of an earlier related application. It was established that the one-week time limit stipulated in Article 99A of the Constitution is directory and not mandatory in character. The application was dismissed, reaffirming that strict procedural compliance and candor are