IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application for orders in the nature of Writ of Prohibition and Writ of Certiorari under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

1. Jayawardane Liyanage Karunathilaka alias Karunathilake Jayawardane “Samagi”, Morawakkanda, Morawaka.

CA/WRIT/103/2022

2. Widanagamage Sumith Ananda No. 55A, Banagala.

3. Nissanka Vitanage Polhindiyagoda Road, Godagama, Matara.

4. Roshan P. Rupasinghe Near the Health Centre, Temple Road, Diyadawa.

5. Mahesh Lakmal Ranathunga “Madumal” Kosmodara, Kotapola.

6. Dias Ambepitiyage alias Dias Ambepitiya Derangala stage 2, Kiriwelkele, Pitabeddara.

7. Ampagoda Liyanage Kelum Pushpakumara No. 6 C, Pahala Millawa, Morawaka.

8. Palitha Sirinath Ranawaka alias Palitha Srinath Ranawaka No. 240, Welegewaththa, Pallegama South, Kolawenigama.

Petitioners Vs.

1. Commissioner/ Registrar of Co-operative Development – Southern Province Department of Co-operative Development –

Southern Province

147/3, PetÝgalawatta, Galle, 2. T. D. K. Ariyawansha Co-operative Development ofÏcer Assistant Co-operative Development ofÏce, Matara.

3. D. Abegunawardane Co-operative Development ofÏcer Assistant Co-operative Development ofÏce, Matara.

4. K. H. Piyasena Co-operative Development ofÏcer Assistant Co-operative Development ofÏce, Matara.

5. J. Ranjith Silva Co-operative Development ofÏcer Assistant Co-operative Development ofÏce, Matara.

6. Kotapola Multi-Purpose Co-operative Society Ltd Deniyaya Road, Warella.

Respondents Before : Sobhitha Rajakaruna, J.

Dhammika Ganepola, J.

Counsel : Rasika Dissanayake for the Petitioners.

Thusitha Wijekoon for the 6^th Respondents.

Amasara Gajadeera, S.C. for the 1^st to 5^th Respondents.

Argued On : 07.07.2023 Written Submission : Petitioners: 02.10.2023 tendered On Decided On : 20.10.2023 Dhammika Ganepola, J.

Factual matrixes of the application The factual matrixes of the application are as follows. The Petitioners were members of the Board of Directors of the 6th Respondent Kotapola Multi-Purpose Co-operative Society Ltd. The 2nd to 5th Respondents have been appointed by the 1st Respondent to hold an investigation into the affairs of the 6th Respondent Society under Section 46(1) of the Co-operative Societies Law and submit a report within 3 months as shown in document marked P5 to the Petition. While the investigations were pending, the Petitioners were given the opportunity to explain the irregularities revealed during the investigation, by making a statement, prior to assigning any liability upon the Petitioner anyone. Accordingly, the statements were recorded. However, the Petitioners state that they were not informed of the outcome of the said fact-finding inquiry under Section 46(1) of the Co-

operative Societies Law.

While the matters remained as such, the Petitioners had been informed to show cause in respect of the charges set out in the letter marked P8 and as to why any order under Sections 66(1) and 67 of the Co-operative Societies Law should not be made in respect of the financial damages/losses caused by the Petitioners to the 6th Respondent Society upon their failure to fulfil duties. By the said letter P8, it is alleged that it has been revealed that the Petitioners have acted contrary to the said Law, rules and the regulations made there under at the inquiry held under Section 46(1) of the said Law. The Petitioners state that they have submitted their respective explanations and further have requested to allow a Representative or an Attorney-at-Law to represent themselves at the inquiry. However, the Petitioners claim that their request for legal representation was refused by the 1st Respondent. The Petitioners state that subsequently, the inquiry was held and that at its conclusion 2^nd to 5^th Respondents imposed punishments on evidenced by the Orders marked P14 to P18 on the Petitioners, in terms of Section 66(1)(a) of the