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GMOA battles intensify as AGM looms
The hotly-contested election to appoint four crucial office bearers of the Government Medical Officers’ Association (GMOA) is scheduled for next Saturday (June 26), with battles between two factions being fought both in and out of court.
The face-off for the important posts of President, Secretary, two Assistant Secretaries and Editor is between the old guard headed by current President Dr Anuruddha Padeniya and a potential ouster-group led by administrator Dr Jayaruwan Bandara.
The legal battle ensued after Dr Bandara’s nomination papers to contest the election were rejected and he filed a case in the Colombo District Court against the GMOA and nine of its members.
In his petition, Dr Bandara states that initially, on May 28, when he handed over his nomination papers they were accepted. However, on May 30, he received an email with a letter backdated to May 28, informing him that his nomination had been rejected by the GMOA’s election committee. The three grounds for this rejection were given as: his GMOA registration number given on the papers being wrong; non-inclusion of his full name on the nomination papers as per regulations; and the registration number of the doctor who proposed his name being wrong.
Stating in his petition to court that the registration number on his papers was the one given to him by the GMOA office, Dr Bandara charges that officials at the GMOA office had intentionally given him an incorrect registration number with the aim of rejecting his papers.
He further notes that he had clearly given his name as T W M A Jayaruwan Bandara on the papers, and it is highly unlikely that GMOA officials do not know who he is. This was while the name of the doctor that the GMOA has cited as proposing his name was incorrect and it was, in fact, a different doctor who had done so.
Contending that if there were deficiencies in his papers, the GMOA should have informed him at the time he handed over his nomination and not two days later, the petitioner has argued that it is unjust to reject his nomination on those grounds.
Dr Bandara has sought an interim injunction, valid for 14 days, preventing the GMOA’s 2021/2022 election being held on June 26.
Meanwhile, five other doctors have also filed a petition in the Colombo District Court against the GMOA, seeking an interim injunction preventing the GMOA’s Annual General Meeting (AGM) and election of office bearers for 2021/2022 from taking place on June 26.
These petitioners are Pujitha Manjula De Zoysa, Hemantha Wijesekara Bandara, Malaka Udagamage, Surangika Jeewanath Jayawickrama and Asanka Prageeth Wasana Jayawickrama.
They have also sought an order from court for the present GMOA Executive Committee to continue in their posts until a new date can be set for the AGM and the election.
Filing an intervenient petition, Dr P L Atapattu, however, states that the term of the GMOA’s present Executive Committee expires on June 26, 2021 and the association’s Constitution does not allow them to function in their roles thereafter.
He further states in his petition that according to the GMOA Constitution, if an election is not held, an interim committee devoid of any of the previous office bearers, should be appointed after this date.
Dr Atapattu has charged that the five petitioners, who have close links with the present office bearers of the GMOA, have filed this petition with dishonest cooperation from the respondents with the intention of subverting the courts and obtaining relief, thus allowing the present office bearers to remain in their posts in the long term.
Upul Jayasuriya PC, along with Sandamal Rajapaksha appeared for Dr Atapattu, while Romesh De Silva PC along with Niran Anketell appeared for the five petitioners. Mr. Jayasuriya also appeared for Dr. Bandara.