Fernando and Another v. The Moratuwa Multi Purpose Co Operative Society Ltd; and Others – sllr 1993 volume 1 page 414

In Fernando and Another v. The Moratuwa Multi-Purpose Co‑Operative Society Ltd and others, the court addressed the validity of nominations for a Branch Committee election, focusing on whether the required declarations by proposers and seconders were duly submitted as mandated by the Society’s Rules. It was determined that failure to comply with Rules 5(3) and 6(3) obligated the election officers to reject invalid nomination papers. The ruling reaffirmed the principle that strict adherence to statutory requirements governing nominations is mandatory, relying on the rules of the Society and legal standards for granting writs of mandamus. The decision established that where nominations are non-compliant, judicial intervention through mandamus is appropriate to ensure proper electoral procedur