IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for Writs of Certiorari and Mandamus under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

Samadhi Anuranga Gamlath

210, Liyanwala, Padukka CA/Writ/0146-2020 Petitioner Vs

1. Theshara Jayasinghe Chairman/Director General, National Youth Services Council, No. 65, High Level Road, Maharagama.

2. National Youth Services Council No. 65, High Level Road, Maharagama.

3. Liyanagama Kankanamage Pasindu Srimal Student Registration Number33763 C/o Sri Lanka Law College, 244, Hulftsdorp Street, Colombo 12.

4. Bilal Marikar Student Registration Number 33753 C/o Sri Lanka Law College, 244, Hulftsdorp Street, Colombo 12.

Respondents Before : Hon. M. Sampath K. B. Wijeratne, J. (CA)

: Hon. M. Ahsan R. Marikar, J. (CA)

Counsel: Thishya Weragoda and Chamodi Wijeweera for the Petitioner.

Deeptha Perera for the 1^st and 2^nd Respondents.

Written Submission : Filed on 02.10.2023 by the Petitioner Filed on 07.11.2023 by the 1st and 2nd Respondents Argued on : All parties agreed on deciding the matter on written submission.

Decided on : 15.12.2023 M. Ahsan R. Marikar, J. (CA)

Introduction

1) The Petitioner had instituted this action to invoke the Writ Jurisdiction of this court to obtain the reliefs prayed for in the prayer of the petition dated

30^th June 2020.

2) The reliefs sought by the petition dated 30^th June 2020 is referred to as follows;

a) issue Notice on the Respondents.

b) obtain a mandate in the nature of a Writ of Certiorari to quash the purported decision made by the 1^st Respondent and/or 2^nd Respondent to annul the results of the election held to elect a representative from the Law College to the Sri Lanka Youth Parliament 2020 as disclosed in letter marked 04^th March 2020.

c) obtain a mandate in the nature of a Writ of Mandamus directing the 1st and/or 2nd Respondent to appoint the Petitioner as the elected representative of the Sri Lanka Law College to the Sri Lanka Youth Parliament 2020.

d) grant an Interim Order restraining the 1^st Respondent and/or 2^nd Respondent and/or those claiming there under from convening the Sri Lanka Youth Parliament 2020 until the final determination of this matter.

Facts of the case

3) The Petitioner is a law student at the Sri Lanka Law College of Colombo from February 2018. He had been elected as the President of the Law College Student Union.

4) The 1^st Respondent is the Chairman of the National Youth Services Council. The National Youth Services Council is the 2^nd Respondent which will be referred to as NYSC hereinafter. The NYSC had been established with the aim of empowering the youth, facilitating diverse learning opportunities and to create a platform for the youth to raise their voices in respect of the issues that affect the youth and the communities. The Youth Parliament was established in order to facilitate the aforesaid facts.

5) The majority of the members of the Youth Parliament are elected through an election process. The candidate of the Youth Parliament represents Youth Clubs/Institutions of their respective Districts, several recognized National Higher Education Institutions including Universities and other Academic Institutions including the Sri Lanka Law College.

6) The 1st Respondent had written to the Principal of the Sri Lanka Law College informing that the students are given an opportunity to take part in the Youth Parliament. Thereby had intimated that a student representative needed to be elected to represent the Sri Lanka Law College.

7) On the aforementioned letter of the 1^st Respondent had stated the NYSC anticipates nomination from the Sri Lanka Law College and shall be called on 25th February 2020 and the election should be held on 2nd March 2020 at the Sri Lanka Law College. The Petitioner and the 3^rd and 4^th Respondents had submitted their nominations to contest the said election.

8) However, the Principal of the Sri Lanka Law College had re