Yet another interim order against Otter’s AGM

By S.S.Selvanayagam

The Colombo District Court issued an Interim Order preventing the Otter Aquatic Club from conducting its Annual General Meeting without accepting the nomination of the plaintiff Jeffrey Jacotine for the post of Vice President.

The matter came up before District Court Judge W.R.N.Wathupola. The plaintiff  Jeffrey Jacotine filed this legal action stating that he sent his nomination for the post of Vice President on 12 May last year and that the panel of Election Officers had rejected his nomination on the basis that 2 years had not lapsed since he ceased to be a member of the General Committee after serving four consecutive years as stipulated in the constitution.

Counsel Murshid Maharoof instructed by K.R.Jayalath appearing for the plaintiff had made submissions to court on the basis that the plaintiff ceased to be a member of the General Committee on 25 May 2008 and when the AGM was held on 30 May of 2010, two years would have lapsed since he ceased to hold office. He contended therefore the plaintiff qualifies for nomination for the post of Vice President and said the constitution clearly stated that the members are elected at the AGM.

Parakrama Karunaratne instructed by Abdeen Associates appeared for the defendants, Club President Sisil de Silva, its Secretary Mayura Amarasinghe, its Treasurer Shantha Amarakoon, its other Trustees A.C. Ali Mohamed, Dharshana Peiris, B.G. Bakpani and Captain Milinda Ratnayake.