Stay order refused

Roshan THUSHARA

MOUNT LAVINIA: Mount Lavinia District Judge Mohammed Lafir Thahir who considered the Application filed by three members of the UNP Karu faction praying for a stay order against the UNP Annual Convention scheduled for November 19 refused their application yesterday.

The Application for an Injunction to stay the UNP Annual Convention was filed by UNP members Dharmadasa Banda, Imithiaz Bakeer Markar and Wijepala Mendis alleging that the scheduled Convention was anti-democratic, unlawful and against the party Constitution.

The Petitioners cited UNP Leader Ranil Wickremesinghe, Chairman Malik Samarawickrema and Treasurer N.V.K.K. Weragoda as Respondents.

The Counsel for Petitioners submitted to Court that the Convention scheduled for November 19 is contrary to the Party elementary principles and policies and it proposed to allow people with no legal status to exercise vote, and it is without an agenda and without due notice to members in contravention of the regulations governing the Convention.

Accordingly, the Counsel prayed for an order restraining the holding of the intended Annual Convention. Addressing Court he further submitted that it has been proposed to put forth before the Convention a set of decisions not approved by the Working Committee and the convention was going to be held without notice of an agenda given ten days prior to the date of Convention and that the representative to the Convention have been nominated in violation of party Constitution.

President's Counsel Fais Mustapha with Attorney-at-Law Harsha Cabral instructed by Samararatne Associates, Attorneys-at-Law appearing for the Respondents submitted to Court that the Petitioners who are senior members of the party were duly informed of the Convention at the Executive Council meeting held on October 26 and that they attended the meeting held on November 08 and subsequent meetings and that they had ample time to point out if there had been any violation of the party Constitution or any problem relating to accepted proposals.

He further said that the right to vote is confined to members of the Executive Council and since all the electorates are not equally populated, there may have been changes in the nomination of representatives but these matters could have been sorted out and remedied in terms of the party Constitution and that instead of coming to Court the Petitioner could have obtained solutions through the Executive Council.

He also said that the holding of the scheduled convention will not become a serious problem to the Petitioners and that their application for a stay order is too belated and therefore urged Court to refuse the Petitioners Application.

Having considered the submissions made on behalf of both parties Court ordered to issue notice of Interim Injunction to Respondents returnable December 01.