Requirement to issue reasoned decision
Sri Lanka
Presidential Elections Act, No.15 of 1981
14.
14.
(4). The Commissioner shall,with the least possible delay decide on the validity of every objection taken on the ground referredto in paragraph (a) of subsection (1), and inform the candidate concerned ofhis decision, and of the grounds therefor if such decision allows theobjection.
... (a). that it is apparent from the contents of thenomination paper that the candidate is not qualified to be elected asPresident;...
(5). The decision of the Commissioner if disallowing the objection taken onthe ground referred to in paragraph (a) of subsection (1) for the decision ofthe Supreme Court.
(6). The Commissioner shall refer any objection taken or any groundreferred to in paragraph (b) or paragraph ? of subsection (1) for the decisionof the Supreme Court.
... (b). that, by reason of hisconviction for a corrupt or illegal practice or by reason of the report of anElection Judge under the Ceylon (Parliamentary Elections) Order in
Council, 1946, or theParliamentary Elections Act, 1981, or by reason of the report of the SupremeCourt under this Act, the candidate is not qualified to be elected asPresident, and, for the purposes of this paragraph a copy of the judgement ororder of the Court by which he was so convicted, certified by the officer ofthe Court having custody of such judgement or order, or an order supported, inany case where there was an appeal against such conviction, by a copy of theorder of the Court of Appeal or the Supreme Court on
such appeal affirming suchjudgement or order, or a copy of or an extract form the Gazette in which suchreport is published as required by the provisions of the aforesaid laws, shallbe conclusive proof of such disqualification;
(c). That civic disability hasbeen imposed on the candidate by Parliament in terms of Article 81 (1) of theConstitution, and for the purposes of this paragraph a copy of the resolutionreferred to, in that Article certified under the hand of the Secretary Generalof Parliament shall be conclusive proof of such imposition....
(7). Every reference undersubsection (6) on any objection taken to the nomination of the candidateconcerned -
(e). shall be heard anddecided by five Judges of the Supreme Court after such summary inquiry as theSupreme Court may deem requisite within a period of seven days after the dateof the receipt of such reference.
(7). Every reference undersubsection (6) on any objection taken to the nomination of the candidateconcerned -
If there is no decision by the Supreme Court on the reference within theperiod referred to in paragraph (e) of this subsection, the reference shall,for the purposes of this Act, be deemed to have abated, but may be taken by wayof an election petition.
(8). Where the Commissioner isrequired by subsection (6) to refer any objection taken under paragraph (b) orparagraph ? of subsection (1) to the nomination of the candidate concerned forthe decision of the Supreme Court, such candidate shall for
the purposes of this Act, be acandidate who stands nominated on the day of nomination and shall cease to be acandidate so nominated if, but only if, a decision if any, of that Court allowsthe objection. The Commissioner shall so act under this Act as to give forceand effect to the preceding provisions of this subsection.
(9). The provisions ofsubsections (6) and (8) shall not apply in the event of the Commissionerallowing any objection against a candidate concerned on the ground referred toin paragraph (a) of subsection (1).
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