Masihudeen Naeemullah and M.T. Hasan Ali vs. Dayanada Dissanayake and others – CA 87/2011-2011

In the case between Masihudeen Naeemullah and M.T. Hasan Ali (Sri Lanka Muslim Congress) and Dayanada Dissanayake (Commissioner of Elections) with other election officials and political party secretaries, the court addressed the lawfulness of rejecting nomination papers for Akuresa and Wilgamuwa Pradeshiya Sabhas under Section 31(1)(e) of the Local Authorities Elections Ordinance. The court held that the rejections based on alleged non-attestation of the party secretary’s signature by a Justice of the Peace were not supported by evidence and constituted an ultra vires exercise of power by the Returning Officer. The principle reaffirmed was that statutory provisions concerning candidate nominations must be interpreted to protect franchise rights and must not be applied arbitrarily or withou