SC Orders UPFA Secretary To Appoint A Suitable Chairman For Homagama PS

September 02, 2014

The Supreme Court has ordered the post of Chairman of Homagama Pradeshiya Sabha to be completely vacated. The Court also ordered the General Secretary of UPFA, which holds power in the Pradeshiya Sabha to appoint a suitable person and keep the court informed on the appointment. The verdict was handed over by a three member bench presided by Chief Justice Mohan Peiris.

A.B. Kumarasiri was selected as Chairman after the last Pradeshiya Sabha election as he won the highest number of preferential votes. However, he had to resign after the budget for the year of 2014 was defeated, giving rise to the conflict regarding the Chairmanship of the Pradeshiya Sabha. Indika Koralage, who had come in second place by preferential votes, was appointed as the Caretaker Chairman after December 31, 2014.

Homagama was one of the eight Pradeshiya Sabhas in which the 2014 budgets were defeated. Considering eight fundamental rights petitions filed by the Chairmen of these Pradeshiya Sabhas, the Supreme Court determined on January 30, that new Chairmen must not be appointed and existing Chairmen must not be removed.

The Court also ordered that a prior court order obtained by the Chairman of the Homagama Pradeshiya Sabha allowing him to continue in the position, be implemented until March 31. However, on January 31, when Homagama Pradeshiya Sabha meeting was held, the former Chairman was not allowed to take his seat.

On April 8, an extraordinary gazette notice confirmed his appointment as Chairman. But the very next day this decision was annulled by another extraordinary gazette notice and a third person, Ruwan Prabodha Peiris, was appointed as Chairman.

Koralage filed a ‘writ’ appeal to court of Appeals, which issued a writ against the appointment of Ruwan Prabodha Peiris. In turn, Peiris filed a petition against the decision to the Supreme Court.