Enjoining order against Mahinda College Galle Principal on appointments to OBA Ex-Co

The District Court of Colombo last week issued an Enjoining Order against Mahinda College Galle Principal Athula Wijewardena and 38 others on hearing an Application filed by G.Y.R. Kamalaratna and U.G. Nishantha (Plaintiffs), two members of the Old Boys Association of Mahinda College Galle.

The two Plaintiffs through their Plaint submitted to Court that the Principal of Mahinda College has acted in violation of the constitution of the Old Boys Association by making unlawful appointments to Executive Committee through a purported Annual General Meeting (AGM) of the Old Boys Association (OBA) of Mahinda College Galle.

The main grievance of the Plaintiffs was that the AGM which was held via both physically and also virtually, did not have the required quorum of 250 people. The Plaintiffs through their Plaint also complained to the Court that all Zoom attendees were kept on mute to prevent them from expressing their views, and the participation through YouTube and website was only one way communication so the participants had no means of communicating their views.

The Plaintiffs had further stated that the AGM was conducted by the Principal of Mahinda College and under his full supervision and sole control. The Agenda item to appoint new members was objected to by the members and the Principal had thereafter moved to other items in the agenda, during the vote of thanks, the Principal had purportedly appointed 38 members to the Executive Committee of the OBA while most of the attendees had left the meeting. None of the Zoom participants were able to communicate their displeasure at the process since their mics were switched off.

Colombo District Judge Aruna Aluthge, having considered the submissions made on behalf of the Plaintiff, issued an Enjoining Order restraining the Principal of Mahinda College and 38 others by acting directly and/or indirectly on the purported appointments made at the AGM held on 12 December 2021. 

The Court also ordered to issue Notice to all the members of the OBA by publishing newspaper notices. The case will be called again on 11 February.

The Plaintiffs were represented in Court by Counsels Nishan Premathiratne with Pravi Karunaratne and Krishan Fernandopulle appearing on the instructions of Messers S.B. Dissanayake Associates, Attorneys-at-Law.