Centre for Policy Alternatives on 7 June, 2012

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

Categories: Public Interest Litigation submissions

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and two other Provincial Councils have been dissolved on the 28th of June 2012.In these circumstances, the case was withdrawn and a fresh writ application CA (Writ) 178/2012 – Rasiah Thurairatnam vs. Chief Minister of EPC, was filed on 29th June 2012.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.