Pelendagama v. Commissioner of Elections and Others – sllr 2001 volume 2 page 215

The case between the Petitioner, a People’s Alliance candidate at the Ratnapura Provincial Council Election, and the Commissioner of Elections and associated election officials, addressed whether alleged failures in the counting and scrutiny of preferential votes warranted relief in the form of a recount, re-scrutiny, and a declaration of due election. It was held that the reliefs sought did not fall within the scope of the Provincial Councils Elections Act No. 2 of 1988, particularly Section 96, as any non-compliance by Counting Officers must have materially affected the election result, which was not established. The decision reaffirmed that only substantive impact on the outcome justifies judicial intervention, relying on statutory interpretation of the relevant election law. The Petiti