Election Judgments - IFES

Election Judgments - IFES

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Deshapriya v. Divisional Secretary

Judgment

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Deshapriya v. Divisional Secretary

Judgment

Question Presented: Whether public officers may be required to canvas for elected officials?

Alleged Acts: The respondent asked the petitioner to canvas for their political party, to which the petitioner refused and was subsequently suspended from his position.

Summary: In this case the 3rd respondent, the Deputy Speaker of Parliament and a Member of Parliament for the Kalutara District, summoned the petitioner, a Samurdhi Niyamaka (grass roots level officers of the special government aid programme benefiting the "poorest of the poor") and all other Samurdhi Niyamakas in the Dodangoda Divisional Secretary’s Division for a meeting at which the 3rd respondent asked the Samurdhi Niyamakas to canvas support among the people for the Peoples Alliance candidates at the Pradeshiya Sabha (Local Government) elections due to take place on 21.03.97. The petitioner said that the Peoples Alliance candidates were not the best candidates and declined to canvas for them. The 3rd respondent reprimanded the petitioner and said that all Samurdhi Niyamakas within the area had been appointed on his recommendation, hence, it was their duty to act according to his wishes. The petitioner complained that as a result of this incident he was suspended from office. The Supreme Court held with the petitioner and declared that his fundamental rights under Article 12(1) and (2) of the Constitution had been violated.

Conclusion: The Court held the respondents infringed the petitioner's fundamental rights.

Legal Issue(s)

Abuse of State Resources (ASR)
Electoral Violence and Intimidation

Applicable Law(s): Constitution- Article 12.

Region: Asia-Pacific

Country: Sri Lanka

Language of Decision

English

Court: Supreme Court

Election Type: Parliamentary

Date of decision: Aug 20, 1999

Geolocation

Latitude: 6.884395308

Longitude: 80.09218634

: Geolocation

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