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| Thursday, 9 December 2004 |
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Notice issued on Vice-President following plaint by Sandasen Marasinghe Colombo District Judge S. M. S. Samarakoon issued notice on M. Perera, Vice President of the Old Boys' Association of St. Joseph's College Colombo and four others following a plaint filed by two members of the OBA praying Court to issue an enjoining order restraining the holding of the College AGM on Saturday. The members of the Old Boys' Association T. Don Augustine and Dushyantha Fonseka cited the St. Joseph's College, its Rector, Fr. Victor Fernando and thirty eight others as defendants. The plaintiffs had asked for an enjoining order preventing the Annual General Meeting of the Old Boys' Association that was planned for June 27, 2004 Saturday deviating from tradition. Two of the defendants Felix Coorey and Desmond Fernando filed their answers through Attorney W. A. H. de Silva and noted that the Annual General Meeting which was held on Sundays followed by a holy mass was only a tradition but it was not included in their constitution. Further the two defendants noted that no member was affected or any harm done by holding the Annual General Meeting on a Saturday. Therefore they prayed Court to dismiss the case with cost. In their application to court the plaintiffs complained that the main aim of the Old Boys' Association which was formed hundred years ago was to promote the customs and traditions which was a feature St. Joseph's College during this period and to inculcate them in succeeding generations of Josephians. The plaintiffs claimed that it was the custom of the Old Boys' Association to hold the Annual General Meeting on a Sunday and it was the practice to hold it following a Holy mass. Contrary to this practice the 2003 AGM was held on June 28, a Saturday and without a Holy mass.They claimed that this was illegal. They asked that the AGM which was scheduled for Saturday June 27, 2004 which was fixed by the office bearers selected from 2003 AGM was illegal and asked Court to issue an enjoining order preventing the holding of the AGM on this date. The Court also ordered other respondents to file answers on February 15, 2005. |
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