Interim stay order issued against Institute of Valuers

By S.S. Selvanayagam

The Court of Appeal issued an Interim Order Staying the decision of the Institute of Valuers of Sri Lanka to suspend one of its longstanding members from his membership.

The Bench comprised Justices S.Sriskandarajah (President) and Nalin Perera.

Petitioner E. Dayasena cited the Institute of Valuers of Sri Lanka, its President S.M. Wijepala and members and office bearers of the said institute.

Counsel Rajeev Amarasuriya instructed by Amarasuriya Associates appeared for the Petitioner. Hugo Anthony with Nelusha Dheerasekera appeared for the Respondents.

His counsel submitted the impugned punishment suspending the membership of the petitioner from the Institute of Valuers, which is a creature of Statute, for using an obsolete member seal, was patently ultra vires the provisions of the law and a nullity.

He also contended the decision to punish the petitioner did not carry the required number of votes and was therefore void and maintained the punishment was mala fide as it had been effected, even before the decision had been duly ratified by the Institute.

Petitioner, in his Writ application, states he is one of the senior most valuers of the Valuation Department and has been a member of the institute for 25 years.

He complains neither the law nor the regulations passed by the Minister stipulate the requirement for a seal and maintains the punishment imposed on him has been actuated in bad faith, for collateral and extraneous considerations.