Bandarawela UC upgraded to MC; but crippled with inadequate members – petitioner

By S.S Selvanayagam

The Court of Appeal issued notices returnable for January 20 next year against the Minister of Local Government, the Uva Provincial Chief Minister, Bandarawela Municipal Council Mayor, Deputy Mayor and seven members of the Municipal Council.

Justices S. Sriskkandarajah (President) and Nalin Perera issued notices in respect of the Writ application bringing to light that despite the augmentation of the Bandarawela Urban Council into Municipal Council, there is no check and balances, as a result that two standing committees have become ineffective and non-operational other than the Committee on Finance and Legal regulations as a result of inadequate members. Petitioner E.M Chandrasekera who was a candidate for the election held in March 2011 cited Minister A.L.M Athaullah, Chief Minister Shashendra Rajapaksa, Bandarawela Municipal Council (BMC), its Mayor Lokugasthota Witharanalage, its Deputy Mayor Anura Jayasinghe Waththuhewa and seven members of the Municipal Council as Respondents.

Chula Bandara with Sarath Gunawardana and Ms Nipuni de Zoysa appeared for the Petitioner. Sanjeeva Jayawardena appeared for the BMC and its Mayor.

He brings to the cognizance of the Court that as this Urban Council with seven members was augmented to be a Municipal Council, the Municipal Council should consist of nine members including the Mayor and the Deputy Mayor.

He laments that despite of the upgrading, the number of Councilors elected to the Municipal Council was inadequate to constitute the three Standing Committees namely the Committee on Finance and Legal regulation, the Committee on Works and Water Works and the Committee on Health Sanitation and Common Amenities.

He bemoans although the three Committees were appointed, only the appointments to the Finance Committee has been made and the said Committee at present has begun holding its meetings.

He complains the two other Committees have not met since the inception of the Municipal Council with the reason given by the Mayor that they are not properly constituted.

He alleges all the decisions of the said Municipal Council are being taken only through the Standing Committee on Finance.

He aggrieves that the whole purpose of the Municipal Council Ordinance to operate all three Standing Committees in the said Municipality has failed and as a result, the people of the said Municipal Council are subjected to many difficulties in addition to this situation that may give rise to corruption and mal-administration.

With the amalgamation of one half of the Grama Sevaka Disision of Ella Pradeshiya Sabha and eleven Grama Sevaka Divisions of the Bandarawela Pradeshiya Sabha into the Bandarawela Municipal Council are, the total number of votes increased from 4,322 to 16,6773.

He brought to the attention of the Court that however the seven wares which had been allotted to the Urban Council were not increased parallel to the increase of the total number of votes with the establishment of the Municipal Council.

Petitioner states the Minister of Local Government, by a letter dated 29.06.2011, has recommended to the Uva Chief Minister to take action to regularize the appointment of Standing Committees by appointing five members to one of the two Standing Committees other than the Committee on Finance which gives way for the establishment of only two Committees with 6 members each and not the other.

He alleges the recommendation of the said Minister is illegal as it is contrary to the Municipal Council Ordinance and the List one of the ninth Schedule to the 13th Amendment to the Constitution of 1978 as it excludes the local authorities from making laws relating to the constitution, form and structure of local authorities.

He is seeking the Court to compel the said Minister to amend his order by increasing the number of members in such a manner to facilitate the appointment of members to the three Standing Committees as stipulated in the Municipal Council Ordinance.