CMC Municipal Commissioner's appointment:

SC dismisses rights application

Wasantha Ramanayake

The Supreme Court yesterday dismissed a rights application against the appointment of Baddhrani Jayawardane as the Municipal Commissioner of the Colombo Municipal Council (CMC).

The Bench comprised Chief Justice Sarath N. Silva PC with Justice Shiranee Thilakawardane and Justice Raja Fernando.

Senior State Counsel Viraj Dayarathne for the respondents submitted that Jayawardane was appointed the Municipal Commissioner by the Governor subsequent to the request made by all members of the Council including the Mayor and the Opposition Leader. He also submitted that Jayawardane was the acting Municipal Councillor when the post fell vacant.

The court refusing Leave to Proceed being granted noted that there is no merit in the application since the appointment was made with the concurrence of the members of the Council.

Petitioner Nihal Wickramarathne, Director, Traffic Design and Road Safety of the CMC cited several respondents including the Western Province Governor Alavi Mowlana, CMC, its Commissioner Baddhrani Jayawardane and the Attorney General.

The petitioner complained that the appointment of the Municipal Commissioner was illegal since it was not formally done and was in violation of his rights. He also sought to quash the appointment.

President's Counsel Romesh de Silva with Sugath Caldera appeared for the petitioner.