Arattana Gedera Susiripala vs Commissioner of Elections et al – SC APPEAL NO. 75/2010-2009

In the case between ArattanaGedera Susiripala and others (petitioners) and the Commissioner of Elections, Returning Officer, and relevant party secretaries (respondents), the Supreme Court addressed the legality of the nomination and declaration process following a vacancy in local government under section 65A(2) of the Local Authorities Elections Amendment Act. The key issue was whether the returning officer’s duty to declare the party-nominated candidate as elected was ministerial and devoid of discretion, and whether the Court of Appeal had misinterpreted the statutory provisions by conferring unwarranted discretion to the returning officer. It was held that the nomination by the party secretary is binding and that the returning officer is statutorily required to declare the nominated p