SJB challenges appointment of purported Community Advisory Committees

The Samagi Jana Balawegaya (SJB) has filed a Fundamental Rights Petition before the Supreme Court challenging the appointment of purported Community Advisory Committees at Local Government Institution level to oversee the implementation of Government development programs incurring an approximate of Rs. 3.4 billion.

The petition was filed by SJB General Secretary and Member of Parliament Ranjith Madduma Bandara and candidate of the postponed Local Government Elections and Weligama Urban Council former Chairman Rehan Jayawickreme.

The Secretary to the President, Cabinet of Ministers, the Secretary of the Ministry of Public Administration, Home Affairs, Provincial Councils and Local Government, the Secretary to the Treasury and the Attorney General were named as respondents to the petition.

The petitioners stated that the Cabinet Memorandum presented by the President Ranil Wickremesinghe and the subsequent approval granted by the Cabinet of Ministers for the appointment of Community Advisory Committees is an arbitrary means of electioneering and a misuse of State funds. 

The petitioners stated that the Chairman of the Election Commission in a letter to the Secretary to the President pointed out the possibility of Local Government Election candidates being appointed to the said Community Advisory Committees.

The petitioners stated that in the aforesaid letter sent by the Election 

Commission Chairman, the Chairman also emphasises that despite the postponement of the Local 

Government Elections, the nominations filed in respect of the said Election are valid and the relevant Election laws remain effective.

The petitioners stated projects contained in the Cabinet Memorandum for which the purported 

Community Advisory Committees are due to appointed are currently overlooked by Divisional 

Secretariats and/ or relevant public officials and the further appointment of committees incurring such an exorbitant sum is a clear misuse of state funds as a means of electioneering and is a usurpation of the powers of Local Government Institutions. 

Furthermore, the petitioners observed that the irrational and/or arbitrary appointment of 

Community Advisory Committees is violative of equal protection of the law guaranteed under 

and in terms of Article 12 (1) and/or 12 (2) of the Constitution and that the unfettered powers vested in Community Advisory Committees is a violation of Article 14 (1) (g) of the 

Constitution.

President’s Counsel Farman Cassim with Attorneys-at-Law Jessica Abeyratne, Faadhila Thassim and Vinura Kularatne instructed by Attorney-at-Law Shayamali Athukorala will appear on behalf of the petitioners.

The petitioners previously filed two complaints before the Human Rights Commission of Sri 

Lanka (HRCSL) challenging the appointment of the purported Community Advisory Committees.