CA orders ex- North CM Wiggie to pay costs

COURT ALLOWED THE PETITION WITH COSTS PAYABLE BY THE 1ST RESPONDENT APPOINTMENTS OF NEW MINISTERS BY THE GOVERNOR ARE ALSO NULL AND VOID

Court of Appeal yesterday (5) in its judgement held that the removal of Petitioner B. Deniswaran from the portfolios of the Northern Provincial Council by the Chief Minister C.V. Wigneswaran is illegal and made without jurisdiction and therefore a nullity.

Justice Mahinda Samayawardhena with Justice K.priyantha Fernando concurring in his judgement also held that the Chief Minister had no power to remove the petitioner from his Ministerial Portfolios.

Court allowed the petition with costs payable by the 1st Respondent C.V. Wigneswaran to the Petitioner Dineswaran.

Court also held that the appointments of G. Gunaseelan and K. Sivnesan as new Ministers by the Governor are also null and void ab initio and quashed the decisions of removal and new appointments.

Petitioner cited former Northern Province Chief Minister Justice C.V. Wigneswaran, K. Sarveswaran, Ananthi Sasitharan, G. Gunaseelan, K. Sivanesan, P. Sathiyalingam,. |Governor Reginald Cooray as Respondents.

Suren Fernando with Khyati Wikramanayake appeared for Petitioner. Dr. K. Kanag-iswaran, P.C., with Lakshmanan Jeyakumar appeared for

C.V. Wigneswaran, K.V.S. Ganesharajan for Ananthi Sasitharan, M.A. Sumanthiran, P.C., with Niran Anketell appeared for P. Sathiyalingam. Deputy Solicitor General Viveka Siriwardena with Senior State Counsel Kanishka De Silva Balapatabendi for the Governor. The Petitioner was the Minister of Fisheries, transport, trade and Commerce, Rural Development, Road Development and Motor Traffic of the Northern Province.

He and P. Sathiyalingam were removed from their Ministerial Portfolios by the Chief Minister of the Northern Province1, and thereafter G.gunaseelan and K.sivanesan were appointed instead as new Ministers by the Governor. The Court observed that the

Article 154F(5) of the Constitution reads as follows: The Governor shall, on the advice of the Chief Minister, appoint from among the members of the Provincial Council constituted for that Province, the other Ministers. There cannot be a scintilla of doubt that, in terms of Article 154F(5) of the Constitution, it is the Governor who has the 4 Vide Article 154F(1) of the Constitution. Justice Mahinda Samayawardhena stated he is of the view that there is no room for a different interpretation.

He observed the Constitution does not give any such power of removal to the Chief Minister. Hence he cannot accept that “the power of removal, as a matter of law and common sense, must necessarily vest with the Chief Minister.”