Rajapakse v. Kularatne and Others – sllr 1988 volume 2 page 383

In the case between Mr. Rajapakse (Petitioner/Appellant) and Ananda Kularatne (1st Respondent) with others, the court examined whether a candidate’s eligibility as an elector is affected by a report of corrupt practice committed by an agent with the candidate’s knowledge and consent, and whether such a report under the Ceylon (Parliamentary Elections) Order in Council 1946 or relevant constitutional amendments (particularly Articles 88, 89(e)(iii), 90, and the Fifth Amendment) results in disqualification. The court addressed the application of binding Supreme Court precedents and the interpretative approach to constitutional and statutory disqualification. It was determined that disqualification under Article 89(e)(iii) requires a finding of personal guilt, and not merely vicarious liabili

REF: sllr 1988 volume 2 page 383 Category: Tag:
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