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2025 Supreme(SRI)(CA) 713

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
Dhammika Ganepola, J
M. Widanagamage Weliwiyanhena & others – Appellant
Versus
Bandula Harischandra Governor of the Southern Province & others – Respondent


Advocates:
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 Adhithya Karalliyadde for the 8th and 9th
Respondent Instructed by Darshika Nayomi.

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 P12.

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

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