GMOA elections: Parties to file written submissions on contempt proceedings

Mount Lavinia District court Judge Gihan Ranawaka this week ordered that written submissions in the Contempt of Court charges against the Government Medical Officers Association (GMOA) office bearers be filed by both parties on August 6.

The petitioner doctors of the GMOA are objecting to Dr. Harsha Atapattu contesting the post of Vice President saying he is not eligible to contest on the grounds that he is a member of the Association of Medical Specialists and is one of its office bearers.

The Colombo District Court issued an ex-parte enjoining order on June 17 debarring Dr. Atapattu from contesting for the post of Vice President of the GMOA.

The GMOA sought from the District Court of Colombo to vacate the enjoining order but it was refused. Subsequently the GMOA sought the intervention of the Civil Appellate Court to vacate the enjoining order against Dr. Atapattu but both parties present came to an agreement that the election could take place but the post of two vice-presidents could not be filled.

While all these actions were taking place a third faction had on Wednesday entered the fray citing irregularities in the process of the election and won an enjoining order from the Mount Lavinia District Court suspending the holding of the election.

The petitioners now claim that the election held on June 25 sans the election of the post of Vice President was in contravention of the order issued by the Court and hence it amounts to Contempt of Court.

President’s Counsel Romesh de Silva in his submission for the respondents said the order issued by the Court on June 25 was handed over to them on June 27 at 3.30 by the fiscal. Further he said that the fiscal was taken in the plaintiff ’s vehicle to deliver the order. He stated that at no given time had the respondents any intention of disobeying the Court order as the Civil Appellate Court had given an order to hold the election without electing the vice presidents and therefore they had held the election on June 28 as scheduled and had no time to postpone it.

Counsel also claims that the order issued was different from the prayer asked for.

Counsel stated that the plaintiff in the Civil Appellate Court Colombo had agreed to hold the election without the post of vice president being contested and now it was wrong to come to the District Court of Mount Lavinia on charges of contempt. The incumbent President received 2,660 votes while the plaintiff Dr. N Premaratna received only 138 votes and it was ridiculous to ask the Court to declare the election as null and void.

Attorney Padma Bandara appearing for the plaintiff citing several cases of enjoining orders and contempt matters said that when an order of the Court is issued whether rightly or wrongly it should be complied with and then complaint filed.

President’s Counsel Romesh de Silva with Sugath Caldera and G.G. Arulpragasam instructed by Rabindranath Dabare appeared for the respondents.

Attorney Padma Bandara with Sunil Lankathilaka instructed by Subashini de Costa appeared for the plaintiff.