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Wigneswaran petitions SC to quash CoA interim order
View(s):Northern Chief Minister C.V. Wigneswaran has filed a writ petition in the Supreme Court, seeking a ruling that a Court of Appeal order offering interim relief to a sacked provincial minister be declared null and void.
Last week the Court of Appeal granted an interim relief to Northern Province Fisheries, Transport, Trade and Rural Development Minister B. Deniswaran, after he claimed that the Chief Minister acted arbitrarily when he removed him from the board of ministers. He prayed that he be allowed to remain in his post.
The two-Judge Court of Appeal Bench of Justices K.K. Wickremasinghe and Janak de Silva issued an interim ruling preventing the recently appointed ministers from carrying out the petitioner’s ministerial responsibilities. It also cancelled the letter issued by the CM, removing the petitioner from the board of ministers unlawfully and pointed out that the CM he did not have the power to do so. The court also held that Mr. Deniswaran was duly appointed and he continues in his post as before.
The Court of Appeal also held that interim relief was granted on the basis that Mr. Deniswaran has not been removed from his Ministerial post according to law. The court also instructed the appointing authority — the Governor — to consider the Constitutional restriction on the number of Ministers and take suitable action, as it was pointed out there are 7 Ministers including the CM, in the NPC Board of Ministers, whereas the Constitution provides for only five Ministers, with the CM.