25 August 2021 01:46 pm Views - 1516
The Provincial High Court of Ratnapura has issued a writ of certiorari to quash the decision taken by the Governor of Sabaragamuwa Province to temporarily suspend Chamika Jayamini Wimalasena from holding the office of the Chairman of Balangoda Urban Council.
The High Court also issued a writ of prohibition preventing Governor Tikiri Kobbekaduwa from taking any further action in relation to the Balangoda Urban Council.
The High Court further issued an order quashing the appointment of a retired judicial officer to inquire into and report him as to the commission of any alleged offense specified in section 184 (1) of the Urban Council Ordinance by the petitioner.
In her judgment, High Court Judge Lanka Jayaratne observed that the decision to appoint a retired judicial officer to inquire, was a decision taken irrationally and unreasonably and therefore such decision should be quashed by way of a writ of Certiorari. Accordingly, the decision taken by the Governor to suspend the petitioner until the conclusion of the inquiry was quashed by way of a writ of Certiorari. The decision to appoint the second respondent M.T.M. Rumy (Vice-Chairman) to exercise the functions and powers of the Chairman of Balangoda Urban Council was also quashed by way of a Writ of Certiorari by the High Court.
The petitioner Chamika Jayamini Wimalasena had contested for the Balangoda Urban Council from United National Party (UNP) at the Local Governments Election held in 2018 . The petitioner stated that during his tenure of the office as the Chairman he initiated several development programs for the upliftment of the Balangoda Urban Council. He further said the Urban Council was subjected to many awards during his period of office.
The petitioner said he wrote a letter to the Governor to involve into and resolve a dispute that arose during the general meeting held on January 12, 2021. The petitioner alleged that despite his request, on January 15, 2021 by publishing an Extra Ordinary Gazette, the Governor had appointed a retired High Court Judge to conduct an inquiry to examine whether the petitioner has contravened the provisions of section 184(1) of the Urban Councils Ordinance.
The Governor had also made an order to suspend the petitioner from the post of Chairman until pending of the inquiry and appointed the second respondent to hold the functions of the Chairman during the period of the suspension.
The petitioner further stated that no inquiry was made from him prior to suspending him and it had been done without a substantive reason. He further said he subsequently received a charge sheet that contains nine charges.
Counsel Chaminda Athukorale with Veenashwari Jayathilleka instructed by Neville Karunaratne appeared for the petitioner. (Lakmal Sooriyagoda)