Susiripala v. Commissioner of Elections and Others – sllr 2009 volume 2 page 305

In the case between Susiripala (petitioner) and the Commissioner of Elections, party secretaries, and associated respondents, the court addressed whether the criterion of youth representation applies exclusively at the nomination stage or also impacts the appointment to a subsequently vacant seat. It was held that youth representation is relevant only during nominations, and that appointment to a vacancy must be determined by the highest preferential vote among qualified nominees. The legal reasoning reaffirmed the principle that statutory requirements for youth representation cannot override the electorate’s choice as reflected in the final vote count once nominations are accepted. Reliance was placed on Section 28(1A) regarding nomination requirements and Section 65A(2) governing the pro