K.K.P.R Amarasinghe Vs. Chief Minister of Eastern Provincial Council CA (writ) 156/2012

Centre for Policy Alternatives supported filing a writ application by a voter in the Eastern province praying for a Writ of Prohibition preventing the Chief minister of the Eastern province from taking any steps to advice the governor of the Eastern Province, Rear Admiral (Retd.) Mohan Wijewickrama to dissolve the Eastern Provincial Council prior to the expiration of its five-year term. This case was filed on 7th June 2012 and was to be taken up on 11th July.

The Eastern Provincial Council and two other Provincial Councils have been dissolved on the 28th of June 2012.In these circumstances, the case was withdrawn and a fresh writ application CA (Writ) 178/2012 – Rasiah Thurairatnam vs. Chief Minister of EPC, was filed on 29th June 2012. In this case, the Petitioner prayed for a Writ of Certiorari to quash the decision of the Governor of the Eastern Province to dissolve the EPC and for a Writ of Prohibition to prevent the Election Commissioner and / or his officers from taking any steps whatsoever to hold elections until the hearing and the final determination of this application.

The matter was heard on 30th   July 2012 by a special bench of the Court of Appeal .The order was delivered on 9th August 2012. Accordingly the petition was dismissed inter alia on the view that the dissolution of the Provincial Council by the Governor is consistent with Article 154B (8)(d) of the Constitution.

In both CA (writ) 156/2012 and CA (Writ) 178/2012) CPA supported the petitioners to file the cases.

Centre for Policy Alternatives

The Centre for Policy Alternatives (CPA) was formed in 1996 in the firm belief that there is an urgent need to strengthen institution- and capacity-building for good governance and conflict transformation in Sri Lanka and that non-partisan civil society groups have an important and constructive contribution to make to this process. Focusing primarily on issues of governance and conflict resolution, CPA is committed to programmes of research and advocacy through which public policy is critiqued, alternatives identified and disseminated.