The Court of Appeal today issued an interim order preventing the Northern Province Local Government Commissioner from taking any steps under the Local Authority Election Act to appoint a new Chairman to the Mannar Pradeshiya Sabha.  

Court of Appeal two-judge-bench comprising Justice Sobhitha Rajakaruna and Justice Dhammika Ganepola made this order pursuant to a writ petition filed Mannar Pradeshiya Sabha Chairman Sahul Hameed Mohamed Mujahir challenging Northern Province Governor’s decision to remove him from the posts of the Chairman and membership of the Pradeshiya Sabha.

Meanwhile, the Court of Apple also issued notices on respondents including Northern Province Governor, returnable for October 27 in connection with this writ petition.

The petitioner Sahul Hameed Mohamed Mujahir, former Mannar Pradeshiya Sabha Chairman who was elected as a member of Pradeshiya Sabha from United National Party cited Governor of the Northern Province P.S Manmatharajah Charles, retired High Court Judge Kandiah Ariyanayagam, Attorney General, and several others as respondents.

The petitioner is also seeking an order directing the Governor of Northern Province to retain him as the Chairman and member of the Mannar Pradeshiya Sabha.

 

In an extraordinary gazette notification dated 13rd of September 2021, the Northern Province Governor dismissed the petitioner from the post of Chairmanship and member of Mannar Pradeshiya Sabha in terms of sub section 185(1) of the Pradeshiya Sabha Act No.15 of 1987. The Governor had announced that she was satisfied that there is sufficient proof of the disqualification including abuse and misuse of powers of office against Sahul Hameed Mohamed Mujahir.

However, the petitioner said the decision to remove him from the post of chairmanship and member of Pradeshiya Sabha has been made without him being heard fully on the matter and therefore, made in violation of the principle of natural justice.

The Petitioner further states that he has formulated a development plan for Mannar Pradeshiya Sabha and was implementing it. The petitioner said he was continuously victimized and harassed as this was the first time a person from the Muslim Community became the Chairman of the Mannar Pradeshiya Sabha.

 Senior Counsel N.M. Shaheed with Counsel Rushdhie Habeeb appeared for the petitioner. (Lakmal Sooriyagoda)