IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
Dhammika Ganepola, Adhithya Patabendige, JJ
Thushara Chandana Widanagama and others – Appellant
Versus
Bandula Harischandra Governor of the Southern Province Office of the Governor Lower Dickson Road Galle. and others – Respondent
Dhammika Ganepola, J.
The Petitioners of this application are duly elected Directors of the 3rd Respondent, Multipurpose Cooperative Society. In the instant application, the Petitioners inter alia challenge the Statute known as the Southern Provincial Council’s No. 6 of 2019 Cooperative Society Precept marked P1 (hereinafter sometimes referred to as the “Statute”) and the decision made by the 5th Respondent to appoint the 7th, 8th, and 9th Respondents to the Board of Management of the 3rd Respondent Society as reflected in letter marked P19.
In terms of the Constitution of the 3rd Respondent Co-operative Society (marked P4), the Society consists of the following hierarchy, namely, Local Branches, General Committee and Board of Directors. Furthermore, according to the Constitution of the 3rd Respondent Society, local elections shall be conducted to appoint members to the Local Branch Committees of the Society. Such Branch Committee shall be elected for a period of three years (Article 23(අ) of P4). Following these appointments of the Local Branch Committees, members shall then be proportionately selected for the General Committee. The General Committee, in turn, shall select the Board


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