PS Vice Chairman sues Chairman

The Court of Appeal yesterday issued notice on the Chairman of the Kaduwela Pradeshiya Sabha G. H. Buddhadasa in a writ application filed by Deputy Chairman S. A. D. Jagath Kumara alleging that the Chairman was preventing him from the exercising his due authority as the Vice Chairman of the said Pradeshiya Sabha.

The Petitioner states that he is a duly elected member of the 6th Respondent Pradeshiya Sabha as well as the Vice Chairman of the said Pradeshiya Sabha. The Petitioner further states that according to the provisions of Section 8(4) of the Pradeshiya Sabha Act No. 15 of 1987.

During the period of absence of the Chairman on account of illness or other unavoidable cause, the Vice Chairman may exercise the same powers and perform the same duties as the Chairman.

The Petitioner respectfully states nevertheless it had been the practice of the 7th Respondent Chairman of Kaduwela Pradeshiya Sabha to delegate his powers and duties to the 8th Respondent Secretary the aforesaid provisions of Section 8(4) of the Act and the 7th Respondent travelled overseas on several occasions on various grounds without permitting the Petitioner to exercise powers and perform duties as acting Chairman but delegating same to the 8th Respondent Secretary.

The Petitioner states that being thoroughly aggrieved and deprived of his rights, he made several requests to the 7th Respondent Chairman and the other Respondents to grant him his right to act as the Chairman in the absence of the Chairman and to secure his rights as the Vice Chairman and also to secure the rights of the voters of the Pradeshiya Sabha.

Petitioner said that despite the instructions of the Chief Minister and Commissioner of Local Government of Western Province, 7th and 8th Respondents failed and/or neglected to act in accordance with the aforesaid order.

Petitioner inter alia prayed Court to Grant and issue a mandate in the nature of Prohibition prohibiting the 7th Respondent from delegating the powers of the Chairman of the 6th Respondent Pradeshiya Sabha to any person other than the Petitioner in his absence.

Petitioner also sought a mandate in the nature of a Writ of Mandamus compelling the 7th Respondent to permit the Petitioner to exercise of the powers and performance of duties and functions as the acting Chairman of the 6th Respondent Pradeshiya Sabha in his absence and/or delegate his powers to the Petitioner as the Vice Chairman of the Kaduwela Pradeshiya Sabha in his absence to perform the duties of the Pradeshiya Sabha as the Chairman.

Dr. Jayatissa de Costa with Chintaka Siriwansa, Thilakshi Lankapathy and Nilmini Attanayaka appeared for the Petitioner.