Election Judgments - IFES

Election Judgments - IFES

- Library
- Sign in

sorted by

Date added

17 relationships, 14 entities

Select target paragraph3

● ● ●

Uwazi is developed by
Election Judgments - IFES
Library
Login

Info
17Relationships

10- Perera v. Senarathe

Judgment

Search Tips

Search text

Type something in the search box to get some results.

Table of contents

No Table of Contents

Table of Contents allows users to navigate easier throught the document.

10- Perera v. Senarathe

Judgment

Question Presented: The petitioner, an MP, complained that the respondent, also an MP, has illegally entered into contracts with government institutions and seeks a declaration that the respondent's appointment is void.

Alleged Acts: Multiple contracts with government institutions prior to and during the respondent's membership in Parliament.

Procedural history: The Supreme Court granted the petitioners leave to proceed on their alleged infringement of the Constitution.

Summary: The petitioner contested the respondent's election to Parliament because he maintained several contracts with government institutions to supply dental equipment. The respondent argued there is no law expressly prohibiting an MP from entering into government contracts. The Supreme Court ruled that Article 91(1)(e) of the Constitution does prohibit such acts, as well as Section 13(3)(c) of the Soulbury Constitution, which now applies to Sri Lankan law.

Conclusion: The Court granted the writ of quo warranto declaring the respondent's appointment void because he entered into prohibited contracts with the government and disqualified himself from sitting in Parliament.

Legal Issue(s)

Abuse of State Resources (ASR)

Applicable Law(s): Constitution- Article 91. Soulbury Constitution- Section 13(3)(c).

Region: Asia-Pacific

Country: Sri Lanka

Language of Decision

English

Court: Appellate Court

Election Type: Parliamentary

Date of decision: Dec 10, 1999

Geolocation

Latitude: 6.884395308

Longitude: 80.09218634

: Geolocation

Primary Documents

10- Perera v. Senarathe.pdf
english
Download View

No References

References are parts of this document related with other documents and entities.

Country10
- Judgment10
Legal issue7
- Judgment7

Create Reference

Select relationship type

Country
Legal issue

Search Tips

Add entities / documents

Search Tips