A.D. Susil Premjayanth vs. Dayananda Dissanayake et al. – CA NO. 130/2011-2011

In the case between A.D. Susil Premjayanth (General Secretary, Eksath Janatha Nidahas Sandanaya/United People’s Freedom Alliance, UPFA) and Dayananda Dissanayake (Commissioner of Elections), Suranga Ambagahathanne (Returning Officer), Tissa Attanayake (Secretary, United National Party), and M. Tilvin Silva (Secretary, Janatha Vimukthi Peramuna), the Court of Appeal addressed whether the Returning Officer lawfully rejected UPFA’s nomination paper for the Monaragala Pradeshiya Sabha elections due to the absence of a constitutionally required oath/affirmation for one candidate. It was held that the rejection was procedurally defective, as no adequate or specific reason was provided identifying the defaulting candidate or the precise deficiency. The Court reaffirmed that public authorities are