J.A. Peter Nelson Perera and Rohan Jayatunga vs Wimala Hewage et al. – CA WRIT APPLICATION NO. 179/2014-2014

In the case between J. A. Peter Nelson Perera and Rohan Jayatunga (as Petitioners, claiming to be Chairman and General Secretary of the Sri Lanka Progressive Front (SLPF)) and Wimala Hewage, Sirirsena Rajapaksha, D.H.E Direx, Widura Abenayaka, Ananda Jayakody, and Mahinda Deshapriya (Commissioner of Elections) as Respondents, the court addressed whether writs of certiorari and mandamus should be issued to quash a refusal by the Commissioner of Elections to recognize the 2nd Petitioner as General Secretary of the SLPF amid an unresolved internal dispute. It was held that the existence of major factual disputes concerning party office bearers rendered writ relief inappropriate, reaffirming the principle that writ jurisdiction is unsuitable where facts are contested and determination requires

REF: CA WRIT APPLICATION NO. 179/2014-2014 Category: Tag:
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