BCCSL case: Submissions continue (15 July 1999)

15 July 1999

BCCSL case: Submissions continue

Rodney Martinesz

The act of appointing the Interim Committee to manage the affairs of the BCCSL is illegal and in excess of the power of the Sports Minister, K. N. Choksy PC Senior Counsel for a group of Ex-Co members told the Court of Appeal yesterday.

He said the sports law stipulates that the Minister act independently in the suspension or cancellation of a sports association. He has to satisfy himself of certain prerequisites in terms of section 32 before he can move to suspend such an association under section 33. Non of the situations contemplated in section 32 exists counsel submitted.

Instead the Minister's order appointing the Interim Committee is based on his reading of the District Court order and not arrived at independently. On the other hand the District Court had only restrained the Ex-Co but had not suspended the BCCSL. There are 5 Ex-Co members who are still members of the Board and who in turn could legally challenge the Interim Committee. Mr. Choksy stated that the plaintiff in the District Court action Clifford Ratwatte had not sought a dissolution of the Board but only challenged the election of 28th March. Hence BCCSL is not suspended and the appointment of the Interim Committee is illegal and any contract entered into by it would have no legal effect counsel submitted.

The Bench comprised Justices Hector S. Yapa and P. H. K. Kulatilaka.

Petitioners are Anura Weerasinghe, Shammi Silva, Jayananda Warnaweera, Kamal Dharmasiri and B. S. Perera.

The respondents are Samurdhi, Youth Affairs and Sports Minister S. B. Dissanayake, Rienzie T. Wijetilleke, Chairman and other members of the Interim Board.

K. N. Choksy PC with L. C. Seneviratne PC, S. L. Gunasekera, Ronald Perera instructed by Paul Ratnayake Associates appeared for the petitioners.

Ikram Mohamed PC, with Messrs Shamila Perera and Tusith Wijegoonewardena instructed by M/S Julius Creasy appeared for the Interim Committee.

Mr. K. C. Kamalasabeysan PC Solicitor General with Uditha Egalahewa appeared for Minister S.B. Dissanayake.

Source :: The Daily News (https://www.lanka.net/lakehouse/)