Rathnapura High Court quashes decision by Sabaragamuwa Governor to suspend Chairman of Balangoda UC

August 25, 2021

The Provincial High Court of Ratnapura has issued a writ of certiorari to quash the decision taken by the Governor of SabaragamuwaProvince to temporarily suspend ChamikaJayamini Wimalasena from holding the office of the Chairman of Balangoda Urban Council. The High Court also issued a writ of prohibition preventing Governor Tikiri Kobbekaduwa from taking further action concerning the BalangodaUrban Council. The High Court further issued an order quashing the appointment of a retired judicial officer to inquire into and report him as to the commission of any alleged offence specified in section 184 (1) of the Urban Council Ordinance by the petitioner. In her judgment, High Court Judge Lanka Jayaratne states the decision to appoint, a retired judicial officer to inquire was irrational and unreasonable. Hence such a decision should be quashed by way of a Writ of Certiorari. Accordingly, the decision taken by the Governor to suspend the petitioner until the conclusion of the inquiry was quashed by way of a Writ of Certiorari. The decision to appoint the second respondent M.T.M. Rumy (Vice-Chairman) to exercise functions and powers of the Chairman of Balangoda Urban Council was also quashed by way of a Writ of Certiorari by the High Court. The petitioner Chamika Jayamini Wimalasenahad contested for the Balangoda Urban Council from United National Party (UNP) at the Local Governments Election held in 2018. The petitioner stated that during his tenure of office as the Chairman he initiated several development programs to uplift the BalangodaUrban Council. He further said the Urban Council was subjected to many awards during his period of office. The petitioner said he wrote a letter to the Governor to involve him in and resolve a dispute that arose during the general meeting held on January 12, 2021. The petitioner alleged that despite his request, on January 15, 2021, by publishing an Extra-Ordinary Gazette, the Governor had appointed a retired High Court Judge to conduct an inquiry to examine whether the petitioner has contravened the provisions of section 184(1) of the Urban Councils Ordinance. The Governor had also made an order to suspend the petitioner from the post of Chairman pending inquiry and appointed the second respondent to perform the functions of the Chairman during the period of the suspension. The petitioner further stated that no inquiry was made, from him before suspending him and it had been done without a substantive reason. He further said he subsequently received a charge sheet that contains nine charges.

Rathnapura High Court quashes decision by Sabaragamuwa Governor to suspend Chairman of Balangoda UC

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