Interim Order against Eastern Province Governor and 5 others

Seruwila Pradeshiya Sabha Chairman A.P. Ranasinghe Bandara, the Petitioner, inter alia, sought Interim Orders preventing the Governor of the Eastern Province Anuradha Yahampath and/or the Commissioner of Local Government M. Manivann from conducting a Provincial Council meeting to elect a new chairman to the Seruwila Pradeshiya Sabha scheduled to be held on 10 February at 11:30 a.m.

The said Petitioner Chairman, inter alia, stated that budget for the year 2021 had been approved under and in terms of Section 169 of the Pradeshiya Sabha Act No. 15 of 1987. The Petitioner further stated that as the Petitioner Chairman had accepted all amendments suggested by the council members the said budget was deemed to have been passed.

Thereafter,  Governor and/or the  Commissioner was acting with Collateral Purposes and/or malafide intentions and/or to further the political agendas, issued a series of letters and/or Gazettes, suspending and/or culling the powers of the Chairman of the Seruwila Pradeshiya Sabha. Subsequently the Governor and/or the four Commissioners attempted to hold a Council meeting on 10 February to elect a new Chairman for the Seruwila Pradeshiya Sabha. 

Court of Appeal President Arjuna Obeysekara J and His Lordship Mayadunne Corea J having heard the submissions of the Petitioner, the Respondents represented on 9 February issued an order on 10 February directing the Governor of the Eastern Province and five others to maintain the status quo as it prevails today in respect of the post of Chairman of the Seruwila Pradeshiya Sabha. 

Furthermore, inter alia, the said order contained “status quo would mean that the meeting of the Seruwila Pradeshiya Sabha scheduled for 10 February 2021 at 11:30 a.m. shall not be held”, and the  Commissioner should not call for an election to appoint new chairman. 

Farman Cassim President’s Counsel with Budwin Siriwardena Attorney-At-Law under the instructions of Lanka Dharamasiri Attorney-at-Law appeared for the Petitioner.

Ruwanta Cooray Attorney-at-Law appeared for the 7th to 11th Respondent. 

Niran Anketell Attorney-at-Law appeared for the 16th and 18th Respondent A.D. Shaymali Athukorale Attorney-at-Law.