IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the nature of an application in the nature of a writ of Certiorari, under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

CA/WRIT/260/23 Koggala Hewage Thushara Priyanjith Kusum Seana Mudugamuwa Weligam Petitioner

1. Roshan Ranaginghe Minister of Sports Ministry of Youth and Sports No. 09 Philip Gunawardhana Mawatha Colombo 07.

2. Kanapathipillai Mahesan Secretary Ministry of Youth and Sports No. 09 Philip Gunawardhana Mawatha Colombo 07.

3. A. Muthumala Director General of Sports Department of Sports Development Ministry of Youth and Sports No. 09 Philip Gunawardhana Mawatha Colombo 07

4. Upali Samaraweera Member Independence Election Committee Ministry of Youth and Sports No. 09 Philip Gunawardhana Mawatha Colombo 07

5. I.Palitha Jayathilake Member Independence Election Committee Ministry of Youth and Sports No. 09 Philip Gunawardhana Mawatha Colombo 07

6. I.M. Ranasinghe Member Independence Election Committee Ministry of Youth and Sports No. 09 Philip Gunawardhana Mawatha Colombo 07

7. Premnath Chaminda Dolawatta No.50 Ihala Bomiriya Kaduwla.

8. Wijerathna Arachchilage Saman Pushp Kumara Medonsa No. 3 Bandaranayake Mawatha Asgiriya Gampaha

9. Udara Sasanla Liyanwela No. 510/A Game Road Ragama

10. Lakshan Wasantha Kumara Kaluarachchi No. 3 Light House Street Kotuwa Galle

11. Attorney general Attorney General’s Department Colombo 12. Respondents Before : N. Bandula Karunarathna, P/CA, J.

B. Sasi Mahendran, J.

Counsel: Niranjan De Silva for the Petitioner Viveka Siriwardena, ASG for the 1st- 6th and 11th Respondents Eraj de Silva with Daminda Vijerathne for the 7th Respondent Written Submissions: 04.07.2024 and 18.07.2024 ( by the Petitioner)

On 03.07.2024 (by the 1^st to 6^th and 11^th Respondents)

12.07.2024 (by the 7th Respondent)

Judgment On: 24.09.2024 B. Sasi Mahendran, J.

The Petitioner has instituted this action to obtain the following reliefs prayed for in the Petition dated 17.05.2023 a. issue Notice on the Respondents; e) b)

b. Grant a Writ of Certiorari quashing the 7th Respondent’s nomination for the election of the officials of the National Gymnastic Association of Sri Lanka;

c. Grant a Writ of Certiorari quashing the decision of the 1^st Respondent encapsulated in correspondence bearing No. MOSYA/MIN/SH-11 dated

27.04.2023;

d. Grant a Writ of Certiorari quashing Gazettes Extraordinary bearing Nos. 2310/26, 2310/27 and 2310/28 dated 14.12.2022 or parts thereof and/or any actions taken by or in terms of them;

e. Grant a Writ of Certiorari quashing Gazettes Extraordinary bearing Nos. 2310/26, 2310/27 and 2310/28 dated 14.12.2022 or parts thereof and/or any actions taken by or in terms of them in respect of the National Gymnastic Association of Sri Lanka and/or the Petitioner;

f. Grant and issue an Order/Interim Order that the correspondence bearing No.

MOSYA/MIN/SH-11 dated 27.04.2023 be produced to the Petitioner and/or Your Lordships’ Court;

g. Grant and issue an Interim Order to the effect that the 7th Respondent’s nomination cannot be maintained and hence, the 7 Respondent cannot stand for election of the officials of the National Gymnastic Association of Sri Lanka;

h. Grant and Issue an Interim Order suspending the operation and the effects of the decision of the 1 Respondent as encapsulated in correspondence bearing No.

MOSYA/MIN/SH-11 dated 27.04.2023;

i. Grant and issue an Interim Order staying the application of Gazettes Extraordinary bearing Nos. 2310/26, 2310/27 and 2310/28 dated 14.12.2022 and/or parts thereof and/or any actions taken by or in terms of them in respect of the National Gymnastic association of Sri Lanka and/or the Petitioner;

j. Grant and issue an Interim Order staying the application of Gazettes Extraordinary bearing Nos. 2310/26, 2310/27 and 2310/28 dated 14.12.2022 and/or parts thereof and/or any actions taken by or in terms of them;

k. Grant costs;

l. and Grant such other further reliefs that Yo