Enjoining order bars BCCSL President, 11 others functioning (8 April 1999)

8 April 1999

Enjoining order bars BCCSL President, 11 others functioning

Rodney Martinesz

President of the Board of Control for Cricket in Sri Lanka (BCCSL) Mr. Thilanga Sumathipala and 11 other officer bearers were yesterday temporarily prevented from functioning in their present posts in the BCCSL following an enjoining order issued by Colombo District Judge A.M.A. Salam.

The judge also dismissed the motion filed by Mr. Sumathipala requesting that he be given a hearing by court before the enjoining order could be issued.

The enjoining order was brought by Mr. Clifford Ratwatte who unsuccessfully contested Mr. Sumathipala for the post of President at the AGM of the BCCSL held on March 28.

Mr. Ratwatte pleaded that the election be declared null and void since it was marred by acts of violence and intimidation which prevented eligible club members to vote at the AGM which in turn deprived him(Mr. Ratwatte) of a majority.

In his order, the judge stated that the court had considered the plaint and the affidavits annexed to the plaint.

" Court is of the view prima facie that the plaintiff has satisfied the court that there is a strong legal issue to be tried ex parte.

On the face of perusal of the plaint, affidavit and documents, I am of the view that the election is on the face of it illegal and/or unreasonable.

If you take the plaint on the whole, I am of the view that there is sufficient grounds to issue an enjoining order on the face of it.

Accordingly, I issue an enjoining order preventing the defendants from acting and/or carrying on functions and/or holding the office of office bearers of the Board of Control for Cricket in Sri Lanka as per the purported election held on March 28."

Prior to issuing the order, court said that the plaintiff should enter into a bond of Rs 200,000.

Delivering the order on whether the defendants should be heard Mr. Salam said " Some of the defendants have made applications to make submissions prior to the issue of enjoining order.The other defendants also may make similar applications."

In that event, the court has to listen to the parties at length without delivering the order.When a case is fixed for order, it is not proper to adopt this procedure and to allow the parties to make submissions prior to the delivery of the order.It is against court procedure and the traditions hitherto adopted.

Mr. Romesh de Silva PC with Palitha Kumarasinghe, Harsha Amaresekera instructed by G.G. Arulpragasam appeared for the plaintiff Clifford Ratwatte.

L.C. Seneviratne PC with S.L. Gunasekera, Ronald Perera, Hemaka de Alwis instructed by Chandana Perera appeared for Thilanga Sumathipala and 11 others.

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