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by Uditha Kumarasinghe

Council Affairs Minister of the Western Provincial Council (WPC) Nandana Mendis said the appointment of the new chairman to the WPC is legal and in accordance with the powers vested in the council by the 13th amendment.

He said in terms of Provincial Council Act No.42 of 1987, the court has no legal powers to intervene in the function of the Council. Therefore, the ruling People's Alliance is not ready to accept any court order issued to suspend the chairman's appointment.

"If the UNP led opposition wants to withdraw this appointment, the Provincial Council Act should be cancelled by obtaining a two thirds majority in Parliament," he said.

The ruling PA appointed a new chairman at the council meeting held on August 20 amidst protests by the UNP members who cited a court order restraining the appointment of the new chairman till August 30. In addition the Colombo District Court has extended this enjoining order until September 13.

Contacted by the Daily News Mendis said no legal authority has the power to intervene in the council affairs. The ruling party has acted according to clauses 11 and 12 of the Provincial Council Act. Clauses 12 (1) and 12 (2) has clearly stated that the matters relating to the Provincial Council cannot be questioned in court.

" A vote was conducted on December 19 last year to elect a new chairman to the Western Provincial Council. Dixon J.Perera(UNP) and Anthony John Fernando (PA) contested for the post.

The UNP candidate obtained 43 votes while the PA candidate obtained 40 votes.

The UNP candidate obtained a majority of three votes. But the Council Secretary announced that two candidates failed to muster the required 50 per cent votes of the total membership of 104 council members." As a result the UNP candidate Dixon J.Perera submitted a petition to the Court of Appeal against to this decision. The Court of Appeal on February 2 this year decided the UNP candidate has been elected as the chairman and ordered the Council Secretary not to conduct a vote again.

Mendis said however the ruling PA refused this Court of Appeal order issued to name the UNP candidate as the chairman of the council. Meanwhile, a new Deputy Chairman will be elected at the council meeting which will be held on September 3 (today). If the UNP led opposition will oppose and interrupt the proceedings, the meeting will be adjourned as usual, he added.

UNP Council Member Hemantha Wickramaarachchi said the UNP will never accept this new appointment and will not respect the orders issued by the new chairman.

Wickramaarachchi said the PA appointed a new chairman at the previous meeting amidst protests by the opposition without following any regulation of the council act. " According to the council law, if the Deputy Chairman contests the chairmanship, he cannot take the chair.

He should be replaced by other council members in the list who preside. But the PA proposed the Deputy Chairman's name to the chairmanship while he was in his chair. This is totally against the council procedure. He said the UNP will seek relief from the District Court for contempt of court and illegal appointment.

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