Petition against dissolution of NCPC dismissed
June 6, 2012 03:02 pm
The Civil Appellate High Court of North Central Province today dismissed the petition challenging the dissolution of the North Central Provincial Council before its term ends, and removed the restraining order preventing the Chief Minister from instructing the Governor of the Province to dissolve the provincial council.
Ordering the removal of the enjoining order, when the case was taken up before a two-member Judge Bench comprising Nissanka Bandula Karunaratne and Sarath Gamini Edirisinghe, the court stated that a Provincial Civil Appellate High Court does not have the authority to hear such a legal case.
Pointing out that the Chief Minister has the legal capacity to instruct the Governor to dissolve the said Provincial Council before the end of its term, the Civil Appellate High Court stated that court has no authority to issue an order preventing the constitutional legal right of the CM to instruct the Governor to dissolve a provincial council.
The petition filed by UNP Provincial Councilor Anil Ratnayaka states that while the term of the North Central Provincial Council is to officially end on September 17, 2013, the Chief Minister of the Province is attempting to dissolve the Provincial Council before that date.
The petition names North Central Province Chief Minister Berty Premalal Dissanayake, North Central Province Governor Karunaratne Divulgane, Provincial Minister and Secretary of the Provincial Council as respondents.
Ordering the removal of the enjoining order, when the case was taken up before a two-member Judge Bench comprising Nissanka Bandula Karunaratne and Sarath Gamini Edirisinghe, the court stated that a Provincial Civil Appellate High Court does not have the authority to hear such a legal case.
Pointing out that the Chief Minister has the legal capacity to instruct the Governor to dissolve the said Provincial Council before the end of its term, the Civil Appellate High Court stated that court has no authority to issue an order preventing the constitutional legal right of the CM to instruct the Governor to dissolve a provincial council.
The petition filed by UNP Provincial Councilor Anil Ratnayaka states that while the term of the North Central Provincial Council is to officially end on September 17, 2013, the Chief Minister of the Province is attempting to dissolve the Provincial Council before that date.
The petition names North Central Province Chief Minister Berty Premalal Dissanayake, North Central Province Governor Karunaratne Divulgane, Provincial Minister and Secretary of the Provincial Council as respondents.
