News
Restraining order lifted; GMOA functional
View(s):The Government Medical Officers’ Association (GMOA) has resumed functions after a restraining order imposed on its Executive Committee members was lifted on Wednesday by the Mount Lavinia District Court.Mount Lavinia District Judge Gihan Ranawaka held that the injunction order was being lifted as there were no grounds to prove that the Ex-Co members had acted in violation of court orders and that it would not be right to deprive the elected members serving as GMOA members.
GMOA members and lawyers outside the court premises
The Court noted that Dr. Anuruddha Padeniya and Dr. Lasantha Daminda Jinadasa who were elected respectively as President and Secretary of the GMOA had gained 2,600 votes whereas the first and second petitioners – Dr. Niroshana Premaratne and Dr. Ruchira Saranapala gained only 140 votes.
The Court held that a further extension of the restraining order would affect the activities of the GMOA and would be a disservice to the doctors who voted.
The Court said that as there have been no facts submitted to prove that the GMOA elections held on June 28, 2014 were illegal the members elected could serve for the 2014/2015 period for which they have been elected.
The Court noted that the petitioners having the possibility of obtaining a court order in the case filed in the District Court of Colombo had filed another case in the Mount Lavinia District Courts. Therefore two cases on similar grounds have been filed in two different courts.
The Court also held that Colombo Civil Appellate High Court had previously held that elections should not be held only to the two Vice President’s posts in the GMOA. The court had not issued any order to suspend the entire election.
Therefore, an order to suspend the entire election created an entire different situation and petitioner Dr. Niroshana Premaratne should have informed court. “Therefore the judicial process has been misused,” the judge held.
The Court also held that an affidavit submitted in the case was not valid as it did not contain the required stamps as required by Government regulations.
The court also said there was a reasonable doubt in filing the case in the Mount Lavinia Courts, as a claim has been made that three of the petitioners were residents of Maharagama, Pitakotte and Nugegoda. In that case the court jurisdiction will be the Nugegoda area. Therefore the petitioners appeared to have misused the judicial process.
The petitioners were Dr. Niroshana Premaratne, Dr. Ruchira Saranapala, Dr. Sivarajasingham Sivapriyan, Dr. Nishanthi Abhayaratne and Dr. Mahima Gunasekara.
The respondents were Dr. Anurudha Bandara, Dr. Lasantha Damminda Jinadasa, Dr. Irapathinan Wijesuriya, Dr. Nalin Ariyaratne, Dr. Malinda Bandara Bulankulama, Dr. Nalinda Priyan Herath, Dr. Navin Soysa, Dr. Balakrishnan Sainiranjan, Dr. Samantha Kumarasiri, the Government Medical Officers’ Association, Dr. Dushman Rajapaksa, Dr. Mangalanath Gunathileke, Dr. Padmalal Pathirage, Dr. Duminda Bandara, Dr. Chathuranga Nethagi and Dr. Sameera Jayan Senanayake.
The case will be taken up on September 29.