Sunday Times (Sri Lanka)

Wigneswara­n petitions SC to quash CoA interim order

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Northern Chief Minister ( CM) C. V. Wigneswara­n this week filed a writ petition in the Supreme Court, seeking the recent Court of Appeal’s (CoA) interim order to remove a Provincial Council (PC) Minister, be declared null and void.

Last week the CoA granted an interim relief order to a petition filed by Northern Province Minister of Fisheries, Transport, Trade and Commerce and Rural Developmen­t B. Deniswaran, that he was arbitraril­y removed from his ministeria­l post by the CM and that, he is entitled to continue in his post.

The 2- Judge CoA Bench of Justices K.K. Wickremasi­nghe and Janak De Silva issued directives suspending recently appointed Ministers carrying out Petitioner’s shared ministry portfolios, while cancelling the letter issued by the CM, removing him from the PC Cabinet unlawfully, when he did not have the power to do so. The CoA also held that Petitioner was duly appointed and he continue in his post as before.

The CoA also held that interim relief was granted on the basis that Petitioner has not been removed from his Ministeria­l post according to Law. The CoA also instructed the appointing authority- the Governor- to consider the Constituti­onal restrictio­n on the number of Ministers and take suitable action, as it was pointed out there are 7 Ministers including the CM, in the NPC Board of Ministers, whereas the Constituti­on provides for only 5 Ministers, with the CM.

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