Court halts Kekirawa PS women’s seat nominations

Accordingly, a female member whose  name appears either in the additional nomination list or the initial  nomination paper should be appointed in respect of the said three seats  obtained under proportional representation

By Lakmal Sooriyagoda  

The Court of Appeal yesterday issued an interim order  restraining the Returning Officer of the Kekirawa Pradeshiya Sabha from  implementing his letter requesting the nomination of women members for  the seats obtained by the Samagi Jana Balawegaya (SJB) under the  proportional representation system at the Kekirawa Pradeshiya Sabha  election.  

Court of Appeal Justice Gihan Kulatunga made this order  pursuant to a writ petition filed by two SJB members, including a  candidate for the Local Government election.  

This interim order will be effective until June 16, and notices were issued on the respondents accordingly.  

The petitioners state that by letter dated 12.05.2025, the  Returning Officer informed the General Secretary of the Samagi Jana  Balawegaya that the party had secured a total of four seats in the  Kekirawa Pradeshiya Sabha, of which three seats were obtained on the  basis of proportional representation. Accordingly, a female member whose  name appears either in the additional nomination list or the initial  nomination paper should be appointed in respect of the said three seats  obtained under proportional representation.  

Senior Counsel Sandamal Rajapakse with Savana Ranatunga and  Kalpanee Dissanayake instructed by Sachintha Rodrigo appearing for the  petitioners argued that the letter sent by the Returning Officer  mentioning that female members should be appointed to the three seats  obtained through the proportional representation for the Kakirawa  Pradeshiya Sabha is inter alia illegal and ultra vires.  

The Petitioners state that for the Kekirawa Pradeshiya  Sabha, 32 members were to be elected from all the parties, out of which  four members were elected from Samagi Jana Balawegaya, out of which three  members were allocated on the proportional representation, while one  member was elected through a direct victory at the election.  

The Petitioners state that as per Section 65AA of the Local  Authorities Election Ordinance No 53 of 1946 as amended provides that  where a political party has received less than 20% of the total votes in  a Local Authority area, and fewer than three members have been elected  from that political party, the Commissioner of Elections shall not have  the authority to determine the apportionment of women members from that  political party.