Ghany v. Dayananda Dissanayake, Commissioner of Elections and Others – sllr 2004 volume 1 page 017

In the case between a candidate of the Sri Lanka Muslim Congress (SLMC) who contested the Colombo Municipal Council election (Appellant) and the Commissioner of Elections, the Returning Officer, and an Assistant Commissioner of Elections (Respondents), the court addressed the issue of whether allegations of irregularities in the counting of preference votes and the refusal to recount at certain centres were subject to the jurisdiction of the Court of Appeal or the Supreme Court, in light of the 17th Amendment to the Constitution, particularly Articles 104A, 104H, and Section 27. The holding established that the jurisdiction of the Court of Appeal was not ousted by the constitutional amendments, as the actions challenged were by officers in their official capacity and not as acts of the Ele