Machine Translated by Google
election
When
of the
considering
Vice President
the decision,
9. In accordance
the opposition
with the
heldabove
the legal
provisions, a complaint has been filed before the election officer
and sent to the election special court, in the case of the petitioner's
election, the opposition has been declared elected if the petitioner
has not reached the age to be a candidate in the election. and
Punishment) of the Act, Section 14(1)(2) of the Act, 2024, for
claiming that the entire election should be annulled from the
complaint, but not for requesting that it be annulled up to the
election of the Vice-President. According to 1)(2), it has been seen
that the petitioner is not eligible to be a candidate due to the fact
that he is not yet 21 years old at the time of the election, so it should
be considered that he has claimed that he should be declared
elected and get the second majority in accordance with section
14(2). The Special Election Court also took into consideration the
same claim of the complaint received from the Election Officer and
evaluated the evidence received regarding the petitioner's age in
accordance with the law. It is seen that the opposition who got the
most votes is declared elected. However, if the Special Election
Court has decided to annul the election of the Deputy President,
the election should be annulled according to Section 14(2) of the
Election (Crime and Punishment) Act, 2024, as long as the basis of
Section 14(1) is mentioned, which provides for the annulment of
the entire election. Since it is not seen that there has been a
mistake, it is not seen that the order of expulsion should be issued
as per the demand, as it is seen that the opponent who is seen to
have got the second majority in accordance with the same section
14(2) has been declared elected as the Deputy President, this
appeal is considered to be dismissed. Submit the file according to the rules
.
I agree with that opinion.