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 Writs of Certiorari, Prohibition and Mandamus under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

Court of Appeal Writ 1. Duwage Kokila Sampath Warnasiri, Application No: Ranawiru Gammanaya, Salawa, CA/WRT/700/2025 Kosgama.

CA/WRT/699/2025 And Others CA/W RT/732/2025 CA/WRT/707/2025 PETITIONERS vs

1. Sarangika Kalhari Jayasundara, Commissioner of Local Government for the Western Province, Department of Local Government, No. 204, Denzil Kobbekaduwa Mawatha, Baththaramulla.

And Others RESPONDENTS Before: Hon. Justice N. R. Abeysuriya PC (P/CA)

Hon. Justice K. P. Fernando Counsel: Ali Sabry PC with Naamiq Nafath and Vimukthi Bandara Karunarathne instructed by Athula De Silva for the Petitioners.

(CA/WRT/700/2025) (CA/WRT/707/2025)

Chandima Weerakkody with Amila Perera, Shammi Jayaweera, Zam Zam Ismail and Aswida Benedict instructed by Dimuthu Athukorala for the Petitioners. (CA/WRT/699/2025)

Manohara De Silva PC with Dilmini De Silva and Harithriya Kumarage instructed by A. Perusinghe for the Petitioners.

(CA/WRT/732/2025)

Sumathi Dharmawardene PC, A.S.G. with Manohara Jayasinghe D.S.G. and Medhaka Fernando S.C. for the 1^st Respondent.

(For the Hon. Attorney General in all matters)

Sapumal Bandara with Nishali Pieris and Amanda De Moore for the

2^nd and 5^th Respondents. (CA/WRT/699/2025)

Nigel Hatch PC with Shantha Jayawardena, Chamara Nanayakkarawasam and Hiranya Damunupola for the 6th – 17th Respondents. (CA/WRT/699/2025)

Supported On: 07/07/2025 and 09/07/2025 Decided On: 14/07/2025

ORDER

N. R. Abeysuriya, PC, J. (P/CA), The aforementioned writ applications were consolidated and considered together since the matters to be determined are similar in nature.

The elections for the Local Authorities were held on the 6^th of May 2025 which included the Seethawaka Pradeshiya Sabha. The total number of members of the Seethawaka Pradeshiya Sabha is 47. The final results of the said Pradeshiya Sabha Elections led to a situation where no particular political party or group had secured a majority.

As per the provisions of the Local Authorities Elections Ordinance No 53 of 1946 (as amended) (hereinafter sometimes referred to as the Ordinance), the Chairman and the Deputy Chairman should be elected at the first meeting of the Pradeshiya Sabha.

Section 66 (C) (1) of the Ordinance reads thus;

“Where any recognized political party or independent group has obtained less than fifty per centum of the total number of seats in a local authority, the Mayor and the Deputy Mayor of such local authority shall be elected at the first meeting of such local authority.”

The first meeting of the Seethawaka Pradeshiya Sabha was held on 17^th June 2025. The relevant Extraordinary Gazette Notification bearing No 2439/30 dated 3rd of June 2025 was annexed to the Petition of the Petitioners and marked as P4. At this meeting, two different groups of members of the Pradeshiya Sabha proposed the nominations of two different members for the Posts of Chairman and Deputy Chairman of the Pradeshiya Sabha.

Section 66 of the aforesaid Ordinance provides for the procedure to be followed in a situation of this nature. For convenience and clarity the English version of Section 66 D of the Ordinance is reproduced below.

“Procedure for the election of Mayor and Deputy Mayor at the first meeting or other meeting of a local authority.

(1) The first meeting and any other meeting that may be convened under section 66C until the election of a Mayor, shall be presided over by the Commissioner of Local Government (in this section referred to as the ’presiding officer’).

(2) The members of the Council shall at its first meeting, elect one of their members to be the Mayor of the Council.

(3) The election of the Mayor of the Council under subsection (2) shall not take place, unless there is present at such meeting a quorum consistin