CMC dissolution: SC dismisses rights plea

Wasantha Ramanayake

The Supreme Court yesterday terminated the rights application against the failure of the Chief Minister to take any action in terms of the law to arrest the malpractices and irregularities of the Colombo Municipal Council (CMC).

The court refused a motion seeking to support the application for the Leave to Proceed filed by the petitioners, 111 rate payers of the CMC.

The petitioners stated that the first respondent Chief Minister had acted arbitrarily and unlawfully to suspend the CMC under the Section 3 (111) of the powers of the Supervision of Administration of Local Authorities Statute and had appointed a special commission to find the persons who are guilty of malpractices which was not ex facie applicable to present instance since the single person commission had already found mayor and the council members guilty of such malpractices.

They further stated that court had directed the Chief Minister on the last occasion in terms of the Section 2(2) of the Statute to remove the Mayor, any or all the members of the council or to dissolve the council.

The Bench comprised Chief Justices Sarath N. Silva PC, Nimal Gamini Amaratunga and P.A. Ratnayake PC.

President's Counsel Mohan Pieris for the Chief Minister submitted that the single person commission headed by Justice Chandradasa Nanayakkara had wrongfully found all the council members guilty of six charges out of nine charges of irregularities and malpractice.

He submitted that ten council members who had opposed these resolutions had also wrongfully been found guilty. He submitted that the first respondent had accordingly appointed a special commission of inquiry headed by former Supreme Court Judge Justice Hector Yapa to find the wrongdoers.

The court noted that the Chief Minister first satisfy himself as to whether the council members had acted wrongfully before removing any of them or dissolving the CMC since they were democratically elected by the people.

The petitioners complained that their rights had been violated by the first respondent and by the CMC and sought to dissolve the council.

G.G. Arulpragasam appeared for the petitioners.

President's Counsel Mohan Pieris appeared for the first respondent.