Suspended Mayor gets leave to proceed

Suspended Mayor gets leave to proceed


The Central Province Civil Appellate Court has given leave to proceed with the petition filed by suspended Kandy Mayor L.B. Aluvihare that the action against him was arbitrary and unlawful.

Judge Nalin Perera permitted the petitioner’s counsel Viran Corea to file additional documents in relation to the petition by next week.

The petitioner has cited the CP Chief Minister Sarath Ekanayake, Kandy Municipal Council Commissioner Chandana Tennekoon, Central Province Governor Tikiri Kobbekaduwa, Deputy Mayor K.L. Suminda Wickramasinghe and Inquiring Officer N. Mahendraja as respondents.

Mr. Aluvihare informed court that the Elections Chief had through a Gazette Extraordinary appointed him as the Mayor of Kandy on April 10, 2006.

He said that he was surprised and dismayed to learn on or about February 13 this year  that the Chief Minister had suspended him from the post of Mayor and appointed the Deputy Mayor as the Mayor of Kandy.

Mr. Aluvihare said Mr. Mahendraja had been appointed as the inquiring officer and was directed to submit a report within three months whether Mr. Aluvihare was guilty of having committed any misdeed under section 277(1) (1B) of the Municipal Ordinance and section 2(3) A of the supervision of Local Authorities Administration Enactment No 07 of 1990 of the Central Province
He said his suspension and the order to inquire and report of any misdeeds were arbitrary, unreasonable, unjustifiable and unwarranted and caused serious loss, harm, damage and prejudice.

Mr. Aluvihare told Court that Mr. Wickramasinghe who crossed over to the UPFA and now appointed as Mayor was unable to command the confidence of the majority of Councillors and as such was unsuitable to be appointed to the office of Mayor.

As such he asked Court to restrain Mr. Wickramasinghe from performing the functions and duties of Kandy Mayor as functioning or acting in that post would be unlawful, illegal and invalid.

Counsel M. A. Sumanthiran, Viran Corea with Buddhinee Herath instructed by Romesh Karalliyadde appeared for the petitioner.

/ English

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