Budget case: Municipality allowed to file objections

In the case where the Kandy Municipal Council (KMC) Opposition members are seeking a court order to prevent officials spending the monies allocated in the 2008 Budget, Kandy High Court Judge D.S.C.Lekamwasam allowed an application by the KMC to file objections and submit documents.

The Opposition members are seeking an interim order from the High Court to restrain the Kandy Muncipal Council or its officers spending the monies allocated in 2008 Budget of the Council. The petitioners are seeking the interim order until the final determination of the case.

The respondents in this case are the Kandy Mayor L.B.Aluvihare and the members of the majority party in the Council. All respondents were present in court. All but one of the petitioners were present in court.

Attorney Lal Wijenaike told court on the earlier date, that the ratepayers had no opportunity to make their observations on the draft Budget and thereby were deprived of what is provided in the Municipal Ordinance.

Opposition senior lawyer M.P.Jayasinghe had said on Budget Day that the provisions of the Municipal Ordinance were violated by not giving the ratepayers a right to express their views as provided by law before the Budget was presented in the Council. He said that according to Sections 211, 212 and 213 read together, provides for the public or ratepayers to scrutinize the Budget, within seven days of an announcement of the intention to present a Budget, after the notice is published in the Gazette.

He had said the ratepayers have a right to review the draft Budget. The case is to be called again on March 5. The respondents and petitioners appeared in Court. Attorney at law Lionel Ekanayake appeared for the respondents.Attorney at law Lal Wijenaike with Attorney Gaminin Herath appeared for the plaintiffs.