News
Mahinda College OBA appointments challenged; enjoining order against principal
The Colombo District Court has issued an enjoining order against the Principal of Mahinda College, Galle and 38 others over appointments made to the Executive Committee of the school’s Old Boys’ Association (OBA).
District Judge Aruna Aluthge issued the enjoining order after hearing a petition filed by OBA members G.Y.R. Kamalaratna and U.G. Nishantha.
In their petition to court, they claimed that Principal Athula Wijewardena had acted in violation of the OBA constitution when he made appointments to the Executive Committee through a purported annual general meeting (AGM).
The main grievance of the plaintiffs was that the AGM which was held both physically and virtually via Zoom did not have the required quorum of 250 people. The plaintiffs also complained that all Zoom attendees were kept on mute to prevent them from expressing their views.
They also told court the AGM was conducted by the principal under his full supervision and sole control. The agenda item to appoint new members was objected to by the members and the principal had thereafter moved to other items in the agenda.
However, during the vote of thanks, the principal had purportedly appointed 38 members to the OBA Executive Committee, while most of the attendees had left the meeting. None of the Zoom participants were able to communicate their displeasure at the process since their microphones had been switched off.
District Judge Aluthge, having considered the submissions made on behalf of the plaintiffs, issued an enjoining order restraining the principal and 38 others from acting directly and/or indirectly on the purported appointments made at the AGM held on December 12, 2021. The Court also ordered to issue notice to all the members of the OBA by publishing newspaper notices. The respondents were instructed to submit written submissions at the next court date.
The plaintiffs were represented by Counsel Nishan Premathiratne with Pravi Karunaratne and Krishan Fernandopulle appearing on the instructions of Messers S.B. Dissanayake Associates.
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