Writ applications filed by two PS Chairmen dismissed by the Court of Appeal

February 28, 2022

Writ petitions filed by Chairmen of Horowpathana and KahatagasdigiliyaPradeshiya Sabhas were today dismissed by the Court of Appeal. The petitioners sought an order preventing the publication of a gazette notification appointing a new Chairmen to the Horowpathana and Kahatagasdigiliya Pradeshiya Sabhas. The Governor of the North Central Province Maheepala Herath had declared that the Chairmen of the Horowpathana and Kahatagasdigiliya Pradeshiya Sabhas purported to have resigned from the post of Chairmen due to failure to pass the budget prepared by the said Chairmen. The Court of Appeal bench bench comprising Justices Sobitha Rajakaruna and DhammikaGanepola observed that there was no arguable case or a prima facie case for the Court to issue formal notice on the respondents. The Petitioners, the members of United National Party stated that the Gazette Bearing 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.

Writ applications filed by two PS Chairmen dismissed by the Court of Appeal

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