Rajapakse and Another v. Gunasekera and Others – sllr 1984 volume 2 page 001

In the case between Lionel de Silva Abeyweera Gunasekera (petitioner) and Sarathchandra Muttetuwegama with Mahinda Rajapakse (respondents), the court addressed whether the second respondent’s publication of statements regarding the petitioner’s personal character constituted a corrupt practice under the Ceylon (Parliamentary Elections) Order in Council, 1946. It was held that the Election Judge erred in law when evaluating the sufficiency and credibility of the petitioner’s evidence and the affidavits presented. The court reaffirmed that the requisite standard of proof and proper burden rested with the petitioner to establish that false statements had been made with the necessary intent, and that appellate review is limited to questions of law, unless a conclusion is legally unreasonable.