The Court of Appeal today issued an order preventing the publication of a gazette notification appointing a new Chairmen to the Horowpathana and Kahatagasdigiliya Pradeshiya Sabhas.
The Court of Appeal bench comprising Justices Sobitha Rajakaruna and Dhammika Ganepola issued this interim order to be effective until February 8.
The Petitioners, the members of United National Party in this matter stated that the Gazette Bearing the Number 2263/7 dated 19th January, 2022 is unlawful and inconsistent with the procedures set out in the law.
The Petitioners stated that no vacancy had occurred in the posts of the respective Chairmen and that in any event, in terms of Section 66B(4) of the Local Authorities Election Ordinance No. 53 of 1946 (as amended) the Commissioner of Local Government lacks the requisite authority to act as he had in the present matter.
The Petitioners took up the position that in the event of any resignation and consequent vacancy in the position of Chairman, the law demands that notice of the same be conveyed by the Council to the Commissioner of Local Government and that given the unavailability of such circumstances, the purported meeting called for today (27) by the Commissioner of Local Government in order to fill the respective vacancies for the post of Chairman is illegal and unlawful.
