Homeopathic medical council case:

Settlement reached in favour of petitioners
 

BY SARATH Malalasekera

IN the matter of an application in the nature of a Writ of Mandamus, compelling the Minister of Indigenous Medicine and the Secretary, to call for nominations and to hold the election to elect members for the Medical Council, a settlement was reached in favour of the petitioners before the Court of Appeal recently.

The Bench comprised Justice K. Sripavan and Justice Sisira De Abrew.

Deputy Solicitor General Anusha Navaratna who appeared for the Respondents submitted a tentative schedule to court mentioning dates for nominations and for election as urged by the petitioners in the Writ Application.

Senior Counsel Terrence Wickremasinghe, who appeared for the petitioners, who were the Registered Homeopathic Medical practitioners, submitted to court that the petitioners were satisfied with the assurance given and with the tentative schedule for holding the election.

Petitioner's Senior Counsel also submitted to court that the settlement was reached consequent upon the filing of a Writ of Mandamus by the petitioners.

In the Writ application the petitioners stated that contrary to the intention of Homeopathy Act No.7 of 1970 and regulations made under it, upto the present date, since the dissolution of the Homeopathic Medical Council, no election was held.

As a result the Medical Council was defunct from March 31, 2003 and in turn has caused an adverse impact on the advancement of Homeopathic Medical system.

In view of the said settlement Court decided to terminate the proceedings. However, Senior Counsel Wickremasinghe brought to the notice of Court that the petitioners were not withdrawing their application at this stage and the Court allowed the request by the Senior Counsel.

Terrence Wickremasinghe with Nimal Wijeyarathna appeared for the petitioners.