Jayantha Liyanage v. Commissioner of Elections – SC APPEAL 96/2011-2014

The case between Jayantha Liyanage (Secretary of Sinhala Jathika Peramuna – SJP) and the Commissioner of Elections concerned the reviewability of the Commissioner’s decision to refuse recognition of SJP as a political party. The court held that the ouster clause contained in the Parliamentary Elections Act cannot override the constitutional writ jurisdiction established under Article 140 of the Constitution, and accordingly, the decision of the Commissioner of Elections is subject to judicial review. This principle affirms the primacy of constitutional provisions over statutory attempts to oust judicial scrutiny, referencing the Parliamentary Elections Act, Section 7(5), and established case law regarding the scope of writ jurisdiction. The court set aside the prior decision of the Court o