Dr. Harini Amarasuriya vs. K.M Mahinda Siriwardena et al. – SC F.R APPLICATION NO. 90/2023-2023

Brief
In the case between Dr. Harini Amarasuriya, Sunil Handunneththi, Dr. M.R. Nihal Abeysinghe (and others) as Petitioners and K.M. Mahinda Siriwardena (Secretary to the Ministry of Finance), the Attorney General, members of the Cabinet, the Election Commission officials, and other state functionaries as Respondents, the Supreme Court addressed whether the failure to name the Election Commission as a respondent, given its lack of separate legal personality, constituted non-compliance with Rule 44(1)(b) of the Supreme Court Rules and if any such omission affected the maintainability of the application. It was held that, as the Election Commission does not possess corporate legal personality, the Petitioners’ application was not in breach of Rule 44(1)(b), and the preliminary objection was