Writ against EPC dissolution dismissedAugust 9, 2012, 9:40 pm
By Chitra Weerarathne
The Court of Appeal yesterday dismissed the Writ Application filed by Rasiah Thurairatnam, the Provincial Council Member of the TNA for the Eastern Province.
The Court refused to issue notice on the respondents, the Chief Minister, the Governor, the Board of Ministers and Daya Gamage, the group leader of the UNP, all of the same Provincial Council.
The judgment explained that the Chief Minister had commended the support of the Board of Ministers and that the Chief Minister had the right to advise the Governor to dissolve the Council.
The Governor, in taking the advice of the Chief Minister, had acted bona-fide.
The petitioner had complained that the Chief Minister had advised the Governor to dissolve the Council without the approval of the Board of Ministers and that the dissolution was mala-fide and arbitrary.
K. Kanag Ishwarm PC, appeared with M. A. Sumanthiran for the petitioner.
Faiz Mustapha PC, appeared for the Chief Minister.
Janak de Silva, Deputy Solicitor General, appeared with Senior State Council, Sumathi Dharmawardene and State Counsel Sanjaya Kodituwakku for the Governor.
Kushan de Alwis and Faizer Mutapha, appered for the Board of Ministers.
Eraj de Silva appeared for Daya Gamage.
The Bench comprised Justice Sisira de Abrew, Justice Anil Gooneratne and Justice A. N. A. Salaam.
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