NOMINATION PAPER NOT INVALIDATED BY DISQUALIFICATION OF MEMBER- EC

National Voters’ Day Celebrations 2017

According to Section 115 of the Parliament Elections Act (No. 1 of 1981) the disqualification of a Member will not invalidate the nomination paper of that party or group, said Elections Commission Chairman Mahinda Deshapriya yesterday.

He said the Returning Officer did not have the authority to either examine the suitability of a candidate or to hold an inquiry. “Therefore you need to go to a qualified court to sort this matter,” he said speaking at the National Voters’ Day Celebrations held at the Faculty of Law, University of Colombo.

He added that dual citizens cannot contest at Parliamentary elections, and that therefore, those who were not eligible to become an MP were not eligible to contest at a presidential election.

Pointing out that there were several grounds on which a nomination paper can be invalidated he said if the nomination paper was not handed over by the required person it can be rejected.

Further, if the candidate is nominated by the party and the secretary of the party has not signed and certified it the nomination paper can be invalidated. Similarly the absence of a certified signature of the group leader if the candidate was nominated by an independent group also vitiated the nominal paper.

In addition the required deposit has to be made. “All candidates should show their consent by signing it. The nomination paper will be rejected if even one nominee has not signed it,” said Deshapriya. He added that if the minimum number of candidates had not been included the paper can be rejected.

However, he said that he cannot make any comments in respect to the unseating of Galle District UPFA MP Geetha Kumarasinghe as there was a case pending before the Supreme Court.