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IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for mandate in the nature of Writs of Certiorari under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.
1. K. Jayantha Sesiri No.66/3/3, Masdeniya,Pattigala.
Beralapanathara.
CA (Writ) Application No: 625/2025
2. Nishantha Rubasinghe Millawa Kade, Moragala, Kirilipana.
3. K.P. Upul Priyantha New City Tailors, Main Street, Urubokka.
4. Suranga Lakmal Edirisinghe Wew Liyadda, Beralapanathara.
5. I. Lucky Chathuranga “Udaya”
Pothuhalgoda, Pasgoda.
66. R.D. Ruwan Chamara No.320A, Ambagahahena, Hulankanda Road, Heegoda. Urubokka.
77. W.D. Asela Kumara Munasinghe No.440A, Hemagiri, Urubokka.
PETITIONERS -Vs.-
1. Bandula Harischandra Governor of the Southern Province, Office of the Governor, Lower Dickson Road, Galle.
2. Sumith Alahakoon Chief Secretary of Southern Province, Chief Secretary’s Office, S.H. Dahanayake Mawatha, Galle.
3. Beralapanathara Multi-
purpose Co-operative Society “Samukirana”
Urubokka.
4. Secretary Beralapanathara Multi-
purpose Co-operative Society “Samukirana”
Urubokka.
5. Chandrika Wickramasinghe Co-operative Development Commissioner of Co-operative Development/Registrar of Co-
operative Societies of the Southern Province, Department of Co-operative Development-Southern Province, 147/3, Pettigalawatta, Galle.
6. W.A.K. Nirosha Changanie Assistant Commissioner of Co-
operative Development (acting), Assistant Commissioner’s Office of Co-operative Development, No.301, Peekwella, Matara.
6A. Mallika Seneviratne Assistant Commissioner of Co-
operative Development, Assistant Commissioner’s Office of Co-operative Development, No.301, Peekwella, Matara.
7. M.M. Nismi Co-operative Development Officer, Assistant Commissioner’s Office of Co-operative Development, Matara.
88. Shantha Rubasinghe No.16, Kuruduwatte, Gomil, Marawala.
99. H.G. Lasantha Erandhani Sampath Uyana, Pattigala, Beralapanathara.
RESPONDENTS Before : Dhammika Ganepola, J.
Adhithya Patabendige, J.
Counsel : Shaheeda Barrie with Naveen Maharachchi for the Petitioner.
Manohara Jayasinghe, D.S.G. With I.Randeny, S.C. for the 1st, 2nd, 5th, 6th and
7th Respondents.
Sanjeewa Jayawardena, P.C. with Rukshan Senadeera and Shehani Alwis for the 3rd and 4th Respondents instructed by Sanath Wijewardena.
Upul Kumarapperuma, P.C. with Duvini Godagama for the 8th and 9th Respondents Instructed by Darshika Nayomi.
Argued on : 25.07.2025, 04.08.2025, 06.08.2025 Written Submissions : Petitioner : 27.08.2025 tendered on 1st, 2nd, 5th to 7th : 26.08.2025 Respondents
8th and 9th Respondents : 26.08.2025 Decided on : 30.09.2025
IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for mandate in the nature of Writs of Certiorari under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.
1. K. Jayantha Sesiri No.66/3/3, Masdeniya,Pattigala.
Beralapanathara.
CA (Writ) Application No: 625/2025
2. Nishantha Rubasinghe Millawa Kade, Moragala, Kirilipana.
3. K.P. Upul Priyantha New City Tailors, Main Street, Urubokka.
4. Suranga Lakmal Edirisinghe Wew Liyadda, Beralapanathara.
5. I. Lucky Chathuranga “Udaya”
Pothuhalgoda, Pasgoda.
66. R.D. Ruwan Chamara No.320A, Ambagahahena, Hulankanda Road, Heegoda. Urubokka.
77. W.D. Asela Kumara Munasinghe No.440A, Hemagiri, Urubokka.
PETITIONERS -Vs.-
1. Bandula Harischandra Governor of the Southern Province, Office of the Governor, Lower Dickson Road, Galle.
2. Sumith Alahakoon Chief Secretary of Southern Province, Chief Secretary’s Office, S.H. Dahanayake Mawatha, Galle.
3. Beralapanathara Multi-
purpose Co-operative Society “Samukirana”
Urubokka.
4. Secretary Beralapanathara Multi-
purpose Co-operative Society “Samukirana”
Urubokka.
5. Chandrika Wickramasinghe Co-operative Development Commissioner of Co-operative Development/Registrar of Co-
operative Societies of the Southern Province, Department of Co-operative Development-Southern Province, 147/3, Pettigalawatta, Galle.
6. W.A.K. Nirosha Changanie Assistant Commissioner of Co-
operative Development (acting), Assistant Commissioner’s Office of Co-operative Development, No.301, Peekwella, Matara.
6A. Mallika Seneviratne Assistant Commissioner of Co-
operative Development, Assistant Commissioner’s Office of Co-operative Development, No.301, Peekwella, Matara.
7. M.M. Nismi Co-operative Development Officer, Assistant Commissioner’s Office of Co-operative Development, Matara.
88. Shantha Rubasinghe No.16, Kuruduwatte, Gomil, Marawala.
99. H.G. Lasantha Erandhani Sampath Uyana, Pattigala, Beralapanathara.
RESPONDENTS Before : Dhammika Ganepola, J.
Adhithya Patabendige, J.
Counsel : Shaheeda Barrie with Naveen Maharachchi for the Petitioner.
Manohara Jayasinghe, D.S.G. With I.Randeny, S.C. for the 1st, 2nd, 5th, 6th and
7th Respondents.
Sanjeewa Jayawardena, P.C. with Rukshan Senadeera and Shehani Alwis for the 3rd and 4th Respondents instructed by Sanath Wijewardena.
Upul Kumarapperuma, P.C. with Duvini Godagama for the 8th and 9th Respondents Instructed by Darshika Nayomi.
Argued on : 25.07.2025, 04.08.2025, 06.08.2025 Written Submissions : Petitioner : 27.08.2025 tendered on 1st, 2nd, 5th to 7th : 26.08.2025 Respondents
8th and 9th Respondents : 26.08.2025 Decided on : 30.09.2025
Dhammika Ganepola, J.
The Petitioners of this application are duly elected Directors of the 3rd Respondent, Multipurpose Cooperative Society. In the instant application, the Petitioners inter alia challenge the Statute known as the Southern Provincial Council’s No. 6 of 2019 Cooperative Society Precept marked P1 (hereinafter sometimes referred to as the “Statute”) and the decision made by the 5th Respondent to appoint the 7th, 8th, and 9th Respondents to the Board of Management of the 3rd Respondent Society as reflected in letter marked P16.
In terms of the Constitution of the 3rd Respondent Co-operative Society (marked P4), the Society consists of the following hierarchy, namely, Local Branches, General Committee and Board of Directors. Furthermore, according to the Constitution of the 3rd Respondent Society, Local elections shall be conducted to appoint members to the local Branch Committees of the Society. Such Branch Committee shall be elected for a period of three years (Article 23(අ) of P4). Following these appointments of the Local Branch Committees, members shall then be proportionately selected for the General Committee. The General Committee, in turn, shall select the Board of Directors for the 3rd Respondent Society. The tenure of the General Committee shall be three years (Article 33(3) of P4). It is submitted that the last Local Branch elections had been held on 12th December 2021, and the General Committee had been formed on 24th October 2021. The present Board of Directors had been elected on the same day the General Committee was formed. However, as per Article 55 of the Constitution of the 3rd Respondent Society, the term of office of the Board of Directors shall continue until the assembly of the next General Committee following elections.
The Petitioners state that, the Board of Directors, in collaboration with the Local Branches of the 3rd Respondent Society, was in the process of updating the membership registry of the Local Branches to facilitate the holding of elections and as a result of the same, Local Branches election could not be held in due time. As such, it is claimed that the requirements to be satisfied to for the election of a new Board of Directors had not been satisfied.
The Petitioners contend that while the Petitioners were in the process of updating the registers, the 5th Respondent appointed the 7th, 8th, and 9th Respondents to act as the Board of Management to the 3rd Respondent Society allegedly acting under Section 68(1)(a) of the Statute, considering that the tenure of the Petitioners as Directors of the 3rd Respondent Society had expired, and that the Directors had failed to appoint a new Board of Directors before the expiration of their term of office. Accordingly, the Petitioners had ceased to hold office as Directors of the 3rd Respondent Society.
First, the Petitioners urged that the Statute is ultra vires and void ab initio on the grounds that:
a. Section 68(5) of the Statute allows political interference in the functioning of the Cooperative Societies which in turn shall enable arbitrary and unreasonable exercise of power by purported appointees;
b. The Statute is inconsistent with the Articles of the Constitution of the Republic;
c. Several penal sections in the Statute and punishments stipulated therein are contrary to the provisions under the Judicature Act.
Second, the Petitioners contend that Section 68 of the Statute could not be invoked in the given instance as in terms of Article 55 of the Constitution (P4) of the 3rd Respondent Society, the term of office of the present Board of Directors had not expired, and a new Board of Directors cannot be elected by the General Committee as the period of office of the present General Committee had not lapsed. Hence, the Petitioners argue that the 5th Respondent has assumed powers arbitrarily and has exercised the power illegally by appointing a new Board of Management.
When this application was taken up for support, the learned President’s
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