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

CA (Writ) Application No. 24/2021 Wellawattage Sarath Peiris, No. 24/5, Vision House Road, Seeduwa North, Seeduwa.

PETITIONER Vs.

1) Katunayake Seeduwa Urban Council, Seeduwa.

2) H.A.S. Ratnalatha, Acting Secretary, Katunayake Seeduwa Urban Council, Seeduwa.

3) D.K. Chamith Nishantha Fernando, Vice Chairman, Katunayake Seeduwa Urban Council, Seeduwa.

4) A.D.P. Indika Prasanna, Provincial Commissioner, Department of Local Government Western Province, Battaramulla.

5) Hon. Sagara Kariawasam, Secretary General, Sri Lanka Podujana Peramuna, Battaramulla.

6) M.T. Dinal Nesto Perera

7) W.W Sameera Thushanga Fernando, 8) M. Rushantha Tharaka Fernando

9) M.A Malkanthie

10) M.Nimal Iranga

11) Shermi Niluka Silva

12) Lalith Rohan Silva

13) Gamini Hettiarachchi

14) T. Sujith Sanjeewa Peiris

15) K.P Manoshana

16) P.V.D Piyasiri Gunasekera

17) K. Sama Hansamala Fernando 18) R.P Ruwan Nishantha Randeni

19) R.P Ruwan Chinthaka Weerasekera

20) K.A.D Nilan Priyanga

21) P. Anusha Lakmali Fernando

22) H.A.D Sudharsha Champika Hettiarachchi The 6^th to the 22^th Respondents are members of Katunayake Seeduwa Urban Council.

RESPONDENTS Before: Arjuna Obeyesekere, J / President of the Court of Appeal Mayadunne Corea, J Counsel: M.A. Sumanthiran, P.C., with Nadvi Bahaudeen for the Petitioner Sanjeeva Jayawardena, P.C., with Rukshan Senadheera for the 1^st and

2^nd Respondents Vikum De Abrew, Senior Deputy Solicitor General with Manohara Jayasinghe, Senior State Counsel for the 4^th Respondent Ruwantha Cooray for the 6^th, 12^th – 21^st Respondents Supported on: 3^rd March 2021, 25^th March 2021 and 30^th March 2021 Written Tendered on behalf of the Petitioner on 20^th April 2021 Submissions:

Tendered on behalf of the 1^st and 2^nd Respondents on 3^rd June 2021 Tendered on behalf of the 4^th Respondent on 19^th April 2021 Tendered on behalf of the 6^th, 12^th – 21^st Respondents on 20^th April 2021 Decided on: 10^th June 2021 Arjuna Obeyesekere, J., P/CA The issue in this application relates to the failure on the part of the Petitioner, the Chairman of the 1^st Respondent, the Katunayake Seeduwa Urban Council, to have the the budget of the 1^st Respondent for the year 2021 passed by the members of the 1^st Respondent (i.e. the 3^rd, 6^th – 22^nd Respondents), and the consequences that should flow from such failure.

In terms of Section 2(1) of the Urban Councils Ordinance (the Ordinance), the Minister may, by Order published in the Gazette, declare any area, which by reason of its development or its amenities is urban in character, to be a town for the purposes of the Ordinance. Section 4 provides that, “the Urban Council constituted for each town shall .... be the local authority, within the administrative limits of the town, charged with the regulation, control and administration of all matters relating to the public health, public utility services and public thoroughfares, and generally with the protection and promotion of the comfort, convenience and welfare of the people and the amenities of the town.” It is observed that in addition to the above, the relevant Urban Councils are responsible for the maintenance of public drains, watercourses, public fairs, local markets, lighting of streets and public places etc. Thus, an Urban Council plays a very important role in the day to day lives of the people living within its area. It is therefore paramount that an Urban Council has the necessary financial allocations in place in the form of its annual budget, passed by its members, to carry out and perform its statutory duties.

Members are elected to the Urban Councils every four years by the People, with the expectation that the members so elected would address the day to day issues of the Urban Council area in an expeditious and effic