Kumaranatunge v. Jayakody and Another – sllr 1985 volume 2 page 124

Brief
In the case between Kumaranatunge (petitioner) and Jayakody and others (respondents), the court addressed the maintainability of an election petition which impleaded the President as a respondent in light of constitutional immunity under Article 35. It was held that the petition was unsustainable due to the constitutional bar against instituting proceedings against the President and that the alleged conduct of the President did not remove this immunity in the context of corrupt practices under the Ceylon (Parliamentary Elections) Order-in-Council. The court reaffirmed the principle that proceedings cannot be instituted against the President while in office, emphasizing the supremacy of constitutional immunity. The relevant constitutional and statutory provisions, including Articles 3