Dr. Suresh Gangatharan vs. R. M. A. L. Rathnayake – S C WRIT NO 06/25-2023

In the case between the secretaries of recognized political parties (including C.V. Vigneswaran for Tamil Makkal Koottani, among others) and the Chairman and Members of the Election Commission, the court addressed the issue of whether the Supreme Court possessed jurisdiction under Article 104H of the Constitution to entertain writ applications challenging Returning Officers’ rejection of nomination papers for local government elections. It was held that jurisdiction rests with the Court of Appeal and not the Supreme Court, as only acts and decisions of the Election Commission—not those of individual Returning Officers acting in their statutory capacity—fall within Article 104H. The findings established that the decisions of Returning Officers under Section 28(4A) of the Local Authorities E