Whether Governor’s view includes PC’s view: SC takes CA reference on Oct. 22 on this issue

Tuesday, 16 October 2012 00:00 - - {{hitsCtrl.values.hits}}

By S.S.Selvanayagam

Counsel for the Jaffna District Parliamentarian Mavai Senathirajah yesterday (15) asked the Supreme Court to fix the matter on fuller Bench of Judges to hear the reference referred to the Court of Appeal on the question as to whether the expression of the views of the Provincial Council includes the expression of the view of the Governor when a Provincial Council is dissolved

The Bench comprising Chief Justice Shirani A.Bandaranayake, Justices K.Sripavan and Chandra Ekanayake fixed the matter for hearing on October 22 and directed the Registrar to furnish the full list to consider the appointment of fuller Bench.

M.A.Sumanthiran appeared for the Petitioner. S.L.Gunasekera appeared for the Governor for the Northern Province. Deputy Solicitor General Shavendra Fernando appeared for the Attorney General.

The Court of Appeal Justice S.Sriskandarajah on October 4 referred the reference to the Supreme Court for its interpretation / determination on the question relating to the interpretation of the Constitution whether the expression of the views of the Provincial Council includes the expression of the view of the Governor when a Provincial Council is dissolved.

He referred this matter to the Supreme Court in respect of a Writ petition filed by Tamil National Alliance Jaffna District Parliamentarian Mavai Senathirajah seeking to prohibit the Northern Province Governor (retired Major General) G.A.Chandrasiri from expressing his views on the Bill titled “Divi Neguma” as on behalf of and/or in place of the Northern Provincial Council, and from expressing agreement or disagreement with the passing of the said Bill.

M.A.Sumanthiran with Viran Corea and Niran Anketell appeared for the Petitioner in the Court of Appeal while Acting Deputy Solicitor General Janak de Silva with Senior State Counsel Nerin Pulle appeared for the Respondent Governor.