Thalatha Athukorale and others vs K. A. L. S. Kalugampitiya and others – SC Writ Application No. 30/2025-2025

The case involves writ and fundamental rights applications challenging the rejection of nomination papers for local authorities’ elections. Rejections were based on issues such as unsigned consent, failure to identify youth candidates, and incorrect gender identification. A preliminary objection contested the Supreme Court’s writ jurisdiction, arguing that decisions by Returning Officers, rather than the Election Commission itself, fall outside Article 104H of the Constitution. Precedent established that acts of officers subordinate to the Election Commission, while exercising powers vested in their office, are distinguishable from the direct exercise of powers by the Commission. The Supreme Court’s jurisdiction for such challenges remains with the Court of Appeal.

S. THURAIRAJA, PC, J. –