Sri Lanka: Appointment of Interim Committee challenged in court (22 June 1999)

22 June 1999

Sri Lanka: Appointment of Interim Committee challenged in court

The Daily News

A Group of members of the former Board of Control for Cricket in Sri Lanka whose names were not mentioned in the District Court interim injunction has filed a writ application before the Court of Appeal seeking to quash the appointment of an interim committee for overseeing functions of the BCCSL, by the Minister of Sports.

The petitioners are Anura Weerasinghe, Shammi Silva, Jayananda Warnaweera, Kamal Dharmasiri and B.S. Perera office bearers and members BCCSL ex-co elected at the Board AGM on 28th March 1999.

The respondents are S.B. Dissanayake, Minister of Samurdhi Youth Affairs and Sports, Rienzie T. Wijetilake, Chairman of the Interim Board, Michael Tissera, Sidath Wettimuni, Ashantha de Mel, S. Skandakumar, Gihan Siribaddana, Upali Kumarasiri and Dhammika Ranatunge.

Petitioners state on 11/6/1999, the 1st respondent purporting to act in terms of Section 32 & 33 of the Sports Law of No. 25 of 1973 appointed 2nd to 6th respondents as an interim committee to carry out the duties and functions of the Board pending final determination of the case in the District Court. Petitioners state that the appointment of the Interim Committee by 1st respondent is illegal and made without statutory authority and ultra vires of sections 32 & 33 of the Sports Law of which sections the 1st respondent has purported to appoint the said Interim Committee.

Petitioners state that provisions of section 33 of the Sports Law NO. 25 of 1973 comes into operation and empowers the Minister of Sports to act thereunder only where the registration of a National Association of sports has been refused, or suspended or cancelled by the Minister of Sports.

"It is a condition precedent to the making of any interim arrangement by the Minister of Sports for continuing the functions of a National Association of sports under Section 33 that the registration of a National Associaton of sports should be refused or cancelled or placed under suspension by the Minister under the provisions of Section 32.

The registration of the Board which is the National Association of sports for cricket in Sri Lanka has at no time been refused or suspended or cancelled by the Minsiter of Sports.

The registration of the Board as a National Association of Sports for Cricket in Sri Lanka under Sports Law No. 25 of 1973 as amended continues, notwithstanding the interim injunction issued by the District Court. The said interim injunction cannot and has not and does not purport to refuse, or cancel or suspend the registration of the Board.

The Board as the National Association of Sports for Cricket in Sri Lanka was and is not under suspension, petitioners claimed.

They said that decisions have to be taken in regard to both local and foreign tournaments including a triangular tournament with India and Australia commencing in Sri Lnaka in August and a test series with Australia subsequently.

It is essential therefore that this and other matters involving financial transactions should be done and decided by a lawfully constituted body, and that decisions made and contracts and arrangements entered into by an illegally constituted Interim Committee could result in adverse legal and pecuniary consequences and loss to the Board and also cause much uncertainty and disruption in the Board's activities.

Petitioners prayed inter alia to issue notice on respondents; grant and issue an order in the nature of a writ of certiorari quashing the said appointment of 2nd to 6th respondents as members of the Interim Committee in terms of Sections 32 & 33 of the Sports Law No. 25 of 1973 as amended. Mr. K.N. Choksy PC, with L.C. Seneviratne PC, Ronald Perera, S.L. Gunasekera instructed by Paul Ratnayake Associates appeared for the petitioners.

Source :: The Daily News