Farook v. Siriwardena (Returning Officer) – sllr 1995 volume 2 page 124

The case between Farook (the petitioner) and Siriwardena (the Returning Officer), with the Sri Lanka Muslim Congress General Secretary, addressed the scope of the Returning Officer’s duty under the Local Authorities Elections Ordinance concerning the vacation of office upon cessation of party membership. It was held that the Returning Officer’s function in this context is ministerial and confined to issuing notice and, after 21 days, publishing a declaration in the Gazette once notified by the party secretary. The principles underpinning sections 10A(1), (2), and (3) were reaffirmed, emphasizing that no additional inquiry or independent verification is required by the Returning Officer. This decision underscores the administrative distinction between ministerial and discretionary functions