SLC election for office-bearers CA rules current nominations have no legal force

• Orders to call for fresh nominations for candidates

By S.S. Selvanayagam

The Court of Appeal yesterday held that the current nominations called for the election of the office-bearers of Sri Lanka Cricket had no legal force.

The bench comprising justices P. Padman Surasena (CA President) and Arjuna Obeysekera ordered that fresh nominations be called and the election be held according to the law with a sufficient opportunity to nominate the candidates for the election of office-bearers.

Petitioner Nishantha Ranatunga, who is a former Test cricketer and Secretary of Sri Lanka Cricket, is presently the President of the Colts Cricket Club as well as the candidate for the election to the post of Sri Lanka Cricket President at the scheduled election.

He filed his writ petition seeking to prohibit Sri Lanka Cricket from permitting Thilanga Sumathipala to contest for the post of Sri Lanka Cricket President.

The petitioner cited Elections Committee Chairman Rasika Weeratunga and the members of the said committee, Sports Minister Faiszer Musthapha, the present SLC Chairman and others as respondents.

In his petition he seeks relief inter-alia in respect of a series of alleged unlawful, unreasonable, arbitrary and ultra vires acts and decisions taken in order to permit and facilitate Sumathipala’s candidacy for President of Sri Lanka Cricket despite his purported disqualifications and in blatant violation of the law and accepted procedure.

The petitioner states that the Constitution of Sri Lanka Cricket—in violation of the Sports Law and regulations made thereunder—did not make provision for an Election Committee.

He states that Sumathipala is disqualified from being nominated, elected, holding and continuing to hold office as Sri Lanka Cricket President in the terms of the Regulation of the National Associations of Sports Regulations. 

He contends that Sumathipala is directly or indirectly involved in carrying out the business of gaming, betting or wagering. 

President’s Counsel Romesh de Silva with Palitha Kumaratunga PC, Sugath Caldera and Niran Anketell appeared for the petitioner. Navin Marapana appeared for Sumathipala. Additional Solicitor General Sanjay Rajaratnam appeared for the Minister. Sanjeeva Jayawardane PC appeared for Jayantha Dharmadasa.

Despite these disqualifications, Sumathipala has held the office of President of Sri Lanka Cricket previously and is once again seeking to unlawfully obtain a fresh term as President, he laments.