Sri Lanka: The Interim Committee are Imposters - Counsel (16 July 1999)

16 July 1999

Sri Lanka: The Interim Committee are Imposters - Counsel

Rodney Martinesz

The Minister of Sports was armed with the remedy for continuing with the Cricket Board functions under the prevailing sports law with the 8 members who were not penalised by the District Court. He acted correctly after the enjoining order was issued, in authorising these members to sign cheques and conduct meetings with a reduced quorum of four members.

However after the subsequent interim injunction the minister acted differently by choosing to act under sections 32 and 33 of the sports law while the remedy was available to him under section 39 Mr. K. N. Choksy PC submitted yesterday at the BCCSL hearing before the court of Appeal.

He said under section 32 the minister cannot cancel or suspend the Cricket Board since there was still a residue of the Ex-Co left.

Therefore without the suspension or cancellation he cannot appoint the Interim Committee acting under section 33.

When the main body is suspended all Ex-Co members necessarily ceases to hold office. It is only to this vacuum that an interim body can fit. You have to get rid of the main body, not the Ex-Co.

"Here the District Court has not injuncted against the main body. Some members of the Ex-Co are still there. You can't have two parallel bodies functioning. The minister has to suspend the main body, which he had not done.

Therefore the minister's order is ultra vires, Counsel submitted.

Justice Yapa: Can 8 members function without seriously violating the provisions of the Board constitution.

Mr. Choksy: The constitution says that the Ex-Co has to comprise 21 members, but 8 members can form a quorum with valid status.

He said that these members continue to function because the main organisation (Cricket Board) has not been suspended. "They are legal office-bearers, unless you cancel the registration of the main body and remove them from the scene".

They are the lawful incumbents and the Interim Committee are imposters, Mr. Choksy submitted.

In this case the five members of the Ex-Co who were not injuncted by the District Court are challenging the appointment of the Interim Committee by Sports Minister S. B. Dissanayake.

They 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 and other members of the Interim Committee.

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.

Further argument was fixed for July 20.

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

Earlier when a matter concerning the National Hockey Federation came up before the same court Justice Yapa quipped "all games nowadays seem to be played in courts rather than in the field" which rocked the court with laughter.

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