Sacking of Galle Mayor:

Interim order to bar appointing new mayor

Mahinda P.Liyanage - Galle Daily News Correspondent

Southern Province High court Judge K.B.H.Hiriburegama yesterday issued an interim order preventing the Southern Provincial Local Government Commissioner and the Galle Municipal commissioner from appointing a mayor and consequent post of the council member to fill the vacancy for the same created owing to expulsion of former mayor Methsiri de Silva from the mayorship. The interim order will be in force until a final decision of the case is arrived at.

Southern Province Chief Minister Shan Wijayalal de Silva by a special gazette notification 1793/25 of 19.01.2013 under section 277 of the Municipal Council Ordinance ( Chapter 252) and the powers of supervision of the administration of Local Government Authorities Statute No.4 of Provincial councils (Ancillary Provisions ) Act No 12 of 1989 had removed the former mayor from the post and the council membership based on the findings of an inquiry by a retired judge into the charges of maladministration and misappropriation of council funds during his tenor as the Galle Mayor from 2009 to 2011.

Consequently, the former Galle Mayor had filed a petition for certiorari pleading for quashing the Chief Minister's said order and mandamus appealing his reinstatement as the Galle Mayor. He had further pleaded for an interim order preventing the Commissioner of Election, Southern Province Local Government Commissioner or the Galle Municipal Council from appointing a new mayor and or a councilor replacing him until a decision of the case.

When the case was taken up at courts yesterday, the Southern Provincial High court in consideration of the facts furnished by both parties in their written submissions, issued the interim order averting the above two officials from appointing a mayor and or a councilor to fill the vacancy created by eviction of the former Galle Mayor.

However, the High Court Judge rejected the prayer made in respect of the Election Commissioner as he was beyond the Southern Provincial High Court's jurisdiction. The High Court Judge further declined the application on behalf of the respondents to set aside the ex-mayor's interim order plea without hearing arguing that it was not lawful.

The former Galle Mayor in his petition had cited Southern Province Chief Minister and 12 others as respondents. The respondents were allowed to submit their written objections against the main petition before the next hearing date of 20.05.2013.

Counselor Thusara de Silva appeared for the petitioner while a group of lawyers led by Sanath Wijayawardana looked after the interests of the respondents.