Hingurakgoda PS chief gets SC nod to proceed with rights violation application

By Chitra Weerarathne

The Supreme Court on March 31, granted leave to proceed with the fundamental rights violation application filed by the Chairman of the Hingurakgoda Pradeshiya Sabha, who had challenged his purported dismissal from the office of the Chairman, consequent to the defeat of his council budget in 2013.

Petitioner chairman Susantha Gunerathne had said that the budget got defeated at the first reading. He had been hospitalised shortly afterwards and therefore he could not amend the budget after the first reading. He said he had requested the vice chairman to amend the budget, before submitting it for the second reading.

But, his instructions had not been carried out. The Vice Chairman had submitted the budget for a second voting without any amendments. It had got defeated for a second time. Thereafter the Secretary of the Pradeshiya Sabha had informed the Commissioner of Local Government that the Chairman should be unseated and replaced by the Vice Chairman.

The petitioner has said in his petition that he did not violate Section 169 of the Local Authorities Ordinance and that he could not be unseated.

Counsel D. Senaratne supported the petition.

The application for interim relief seeking to suspend his dismissal will be called before court on May 2, 2014.

The Bench comprised Chief Justice Mohan Peiris, Justice K. Sripavan and Justice Priyasarth Dept.

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