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

Brief
In the case between Dr. Harini Amarasuriya, Sunil Handunneththi, Dr. M.R. Nihal Abeysinghe and various government parties including the Secretary to the Ministry of Finance, Attorney General’s Department, and members of the Election Commission, the Court addressed whether the Election Commission, as an institution, must be named as a party for Fundamental Rights petitions, and if failure to do so is fatal under Supreme Court Rule 44(1)(b). The Court held that naming the individual members of the Election Commission sufficed, reaffirming the principle that statutory bodies without corporate status can be proceeded against through their members in judicial review. Reference was made to relevant constitutional provisions and rules, emphasizing that procedural technicalities should not b