K.P.G.P. Wijewardena v. M. Deshapriya et al. – CA WRIT/355/2015-2015

In the case between K.P.G.P. Wijewardena and M. Deshapriya, Commissioner of Elections, K. Hashim, General Secretary, United National Party, and others, the court considered the proper legal procedure for filling vacancies in the Uva Provincial Council following the election of two sitting members to Parliament. The central issue addressed was whether the party secretary is required to nominate the next-highest preferential vote holder to fill the vacancy, or whether the secretary retains discretion to nominate any eligible person from the original nomination list who received some preferences. The holding established that, under Section 65(2) of the Provincial Council Elections Act, the party secretary possesses statutory discretion to make such nominations, provided the nominee is on the