By Chitra Weerarathne

The election of Mohammed Azath Sally (Deputy Mayor of Colombo), as a member of the Colombo Municipal Council is being challenged in the Court of Appeal by W. P. Douglas Amarasinghe, a defeated candidate of the UNP when this petition was called before the President of the Court of Appeal Justice Shirani Tilakawardene and Justice P. Wijeyaratne yesterday. Counsel for Sally, Mr. D. S. Wijesinghe PC, took up a preliminary objection to the petition. Counsel objected to the maintainability of this application and informed court that the petitioner in this case had already invoked the jurisdiction of the High Court of the Western Province and had filed an election petition.

Therefore this court has no jurisdiction to hear and determine this case. The court having heard the oral submissions by parties directed the counsel of the first respondent to file written submissions in regard to the preliminary objection by November 17. S. L. Gunasekera with Chandimal Mendis and Anuruddha Dharmaratne instructed by Ms. S. Kumarasinghe appeared for the petitioner D. S. Wijesinghe PC, with Sanjeewa Jayawardene and Mrs. Priyanthi Gunaratne instructed by G. G. Arulpragasam, appeared for Sally. Senior State Counsel Janak de Silva appeared for the Commissioner of Elections and the Attorney General.