Another legal battle looms
Mohan de Silva
The tussle for Sri Lanka Cricket (SLC), the country’s richest sports body, will take a fresh turn with two candidates poised to seek legal redress after their nominations were rejected by a three-member Advisory Committee. Elections are scheduled for February 21.
Mohan de Silva, who was expecting to succeed Thilanga Sumathipala at the helm, had his dreams shattered when the Advisory Committee appointed to hear polls-related appeals found him to be in violation of the country’s Sports Law and the regulations haphazardly enacted therein. Ravin Wickremaratne, who was to contest the post of Vice President from the Sumathipala camp, was also rejected.
Although the Sports Ministry did not specify the grounds on which they had violated the regulations, the Sunday Times learns that it was based on causing a financial loss of over Rs. 320 million to SLC when they served on the Committee back in 2005.
Their nominations were challenged by the Jayantha Dharmadasa faction saying they were part of a Committee that was dissolved by Sports Minister Jeevan Kumaratunga for causing a financial loss by improper financial management.
According to the section5(4)(f) of the regulations gazetted in 2016, anyone who has “held office in the Committee of a National Association of Sports previously and has been found guilty of a financial misdemeanor, malpractice, corrupt practice, breach of discipline or any such offence by a Committee with competent jurisdiction appointed by such National Association of Sports, after due inquiry and such findings makes him unsuitable to hold office”.
De Silva was the President at that time while Wickremaratne served the Executive Committee as the Assistant Secretary. The disqualification is a significant blow to the Sumathipala camp which will now go before courts to reverse what they termed an “unfair dismissal”.
“I am both surprised and disappointed to read of such a development,” de Silva said. “I have no option but to seek legal redress to reverse this grave injustice done to me and my reputation.” He admitted that they were dismissed by the Minister in 2005 but said there had not been an inquiry to show that they were involved in a financial misdemeanor.
“I also wish to state that I have never been found fault or accused of any wrongdoings either in the field of cricket or outside and hence I value the very reputation I have built through hard work,” de Silva said.
The disqualification means Shammi Silva–who has submitted his nominations for the post of President and Vice President from the Sumathipala camp–will battle it out against businessman Jayantha Dharmadasa for the top post. K Mathivanan, while having given his nomination for the post of Vice President, is likely to withdraw, allowing Dharmadasa to contest. If Silva succeeds as President Mathivanan and Arjuna Ranatunga will elect uncontested as two Vice- Presidents. But if he fails he will contest for the post of Vice President, making it a three-cornered battle between him, Mathivanan and Ranatunga.
Even though objections were submitted against the candidature of Dharmadasa citing he is in violation of the SLC constitution by not playing first class cricket–a mandatory requirement under SLC constitution–he has got the nod from the Committee on a technicality.
Section 5(4)(r) says a “person shall be disqualified other than the Treasurer or Assistant Treasurer, he has not participated or represented Sri Lanka in that respective Sports in a major tournament, meet or competition registered, promoted, conducted
or approved by that Association, in more than two occasions for a team sport or more than one occasion for an individual event or sport”.
The ambiguity in the regulations which does not specified the requirement to enter field to qualify was in Dharmadasa’s a favour. Dharmadasa had argued that he has represented Sri Lanka at various forums in cricket other than playing.
The Advisory Committee includes retired Supreme Court Judge Nimal Dissanayake as Chair, retired Supreme Court Judge Devika Tennakoon, and retired Sri Lanka Customs Additional Director General Dharmasena Kahandawa.