SC dismisses cases against PC dissolution

Order applicable to all similar cases:

Wasantha RAMANAYAKE

COLOMBO: The Supreme Court yesterday refused to inquire into two rights application filed by the United National Party against the dissolution of the North Central and Sabaragamuwa Provincial Councils.

The Court ruled that the order would be applicable to all similar rights cases against the dissolution of the two Provincial Councils.

The Bench comprised Chief Justice Sarath N. Silva PC with Justice Shiranee Thilakawardane and Justice K. Sripavan.

Chief Justice Sarath N. Silva PC observed that in term of the Provincial Councils Act the Governors of the respective Provincial Councils had no other option than the dissolution in the case of the Chief Ministers losing the support of the majority in their councils.

“The Governor could not even remove the Chief Minister,” the Chief Justice noted.

The Chief Justice further noted that although the certain sections of the Act had been modelled on the Indian system the Act would not provide for the appointment of the person who would command the majority as the Chief Minister.

The CJ made the comments when President’s Counsel Shibly Aziz for the petitioners submitted the Indian system had provisions to appoint the person in the Opposition who would command the majority as the Chief Minister.

The President’s Counsel submitted that the petitioners’ main concern was that there is no conducive environment to hold a free and fair election under the present situation moreover without duly appointing the Elections Commission.

Counsel A.P. Niles also for the petitioners submitted that although the respondent Chief Ministers lost the majority support some time back the opposition supported them.

The counsel contended that it was therefore unwarranted for the Chief Ministers to dissolve the councils.

Leader of the Opposition A. Wijetunga of the Sabaragamuwa Provincial Council and its member K.S.S. Perera and Leader of the Opposition of the North Central Provincial Council A.M. Ranbanda Abeysinghe and its member H.M. Anil Ratnayake were the petitioners in the two rights application.

They cited the respective Governors, Election Commissioner, the Chief Ministers, the Returning Officers of the respective districts, the Attorney General, group leaders of the respective political parties as the respondents.

The petitioners stated that the dissolutions were illegal and void since the process was flawed. The petitioners stated that the UPFA enjoyed the majority in the both provincial councils until members of the Janatha Vimukthi Peramuna decided to function separately in the councils.

They stated that the without summoning the council and informing the majority of the members, the respondents dissolved the both provincial councils in violation of the rights of the petitioners.

Shibly Aziz PC and A.P. Niles appeared for the petitioners in the two rights applications.

Deputy Solicitor General Indika Demuni de Silva appeared for the Attorney General, the Election Commissioner and the Returning Officers.

D.S. Wijesinghe PC and Manohara de Silva PC appeared for the respondent Chief Ministers.

Palitha Kumarasinghe PC and Sanjeewa Jayawardane appeared for the respondent Governors.