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SC orders status quo be maintained
The Supreme Court Bench comprising Justices Chandra Ekanayake, Sathiya Hettige and Rohini Marasinghe ordered the existing management system of the eight Pradeshiya Sabhas (PSs) whose budget proposals for the year 2014 were defeated, be maintained without removing the respective Chairmen.
Homagama PS Chairman A.D. Kumarasiri previously obtained a status quo (existing state of affairs) order from the Supreme Court to remain and continue in the office of the chairman till March 31.
Mr. Kumarasiri cited Homagama PS, its Acting Secretary P.S.P. Fernando, Vice Chairman Indika Prasanna Kumara Koralage, Local Government Commissioner Chandrani Samarakoon, Returning Officer of Homagama, Elections Commissioner, UPFA Secretary General Susil Premajayantha, Assistant Commissioner of Local Government, members of the HomagamaPS and the Attorney General as respondents.
Chairman Kumarasiri stated that on December 23 when the Budget was presented, 10 members including him voted for while 12 members with the vice chairman Prasanna Kumara voted against and therefore the Budget was defeated by two votes
In his petition he claims that in terms of the amended PS Act No. 21 there are two options available to the incumbent Chairman and he opted for the second option which states that if the Council modifies or rejects all or any item thereto, the Chairman may amend the Budget accordingly and submit a fresh one.
He then decided to incorporate the proposals and amendments suggested by the members and accordingly he presented the amended Budget on December 30 which Budget was also defeated by a majority of two votes.
He was then asked by the Acting Secretary to hand over the keys of his office and the official vehicle so that the vice Chairman could exercise the powers of the Chairman.
He stated that the Acting Secretary arbitrarily sealed his office depriving him from performing his duties as Chairman and therefore his fundamental rights guaranteed by the Constitution had been violated.
He claimed that his office of Chairman in the said PS has not fallen vacant in terms of the amended PS Act and requested the decision to expel him from his post be set aside.
The other Pradeshiya Sabhas had filed similar petitions.
Ali Sabry PC with Rasika Dissanayake instructed by Sanath Wijeywardena appeared for the petitioner. Additional Solicitor General Bimba Tilakaratne appeared for the Attorney General.