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 in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.
CA/WRT/525-24
1. Deeshana Niroshan Perera No. 300/98, Westwood Park Hokandara
2. Surendrakumar Cooke No. 527/2 Baudhaloka Mawatha Colombo 08.
Petitioners Vs.
1. Director General Department of Sports Development No. 9 Philip Gunawadana Mawatha Colombo 7
2. Hon. Gamini Sarath Edirisinghe President Election Committee of Sri Lanka Automobile Sports Department of Sports Development No. 9, Philip Gunawardana Mawatha Colombo 07.
3. Padmajina Siriwardena Member Election Committee of Sri Lanka Automobile Sports Department of Sports Development No. 9, Philip Gunawardana Mawatha Colombo 07.
4. K.R.D.C. Rathnamudali Member Election Committee of Sri Lanka Automobile Sports Department of Sports Development No. 9, Philip Gunawardana Mawatha Colombo 07.
5. N.A. T. Jayasinghe Member Election Committee of Sri Lanka Automobile Sports Department of Sports Development No. 9, Philip Gunawardana Mawatha Colombo 07.
6. L.M.Ranasinghe Member Election Committee of Sri Lanka Automobile Sports Department of Sports Development No. 9, Philip Gunawardana Mawatha Colombo 07.
7. Minister of Youth and Sports Ministry of Youth and Sports No.9 Philip Gunawardhena Mawatha Colombo 7
8. Secretary Ministry of Youth and Sports No.9 Philip Gunawardhena Mawatha Colombo 7 Respondents Before: N. Bandula Karunarathna P/CA, J.
B. Sasi Mahendran, J.
Counsel: Nishan Sydney Premathirathne with Shenali Dias and Ishara Jayakodiarachchi for the Petitioner M. Jayasinghe, DSG and A.Jayakody, SC for the Respondents Supported On: 13.09.2024 Written 15.10.2024 (by the Petitioner)
Submissions: 08.10.2024 (by the 1st – 8th Respondents)
On Order On: 22.10.2024
B. Sasi Mahendran, J.
This order pertains to whether the notice and interim reliefs are to be issued to the Respondents.
The Petitioners instituted this action praying for the following reliefs in the petition dated 04.08.2024.
a. Issue Notice on the Respondents;
b. Grant and issue a mandate in the nature of a Writ of Prohibition, prohibiting the 1st Respondent and any other person authorised to act by and through the office of such Respondent, including the 2nd to 6t Respondents from suspending and/or banning the Ceylon Motor Sports Club which is being represented by the Petitioners on the basis of the Ceylon Motor Sports Club being a member and/or being affiliated with the FØdØration Internationale de ’Automobile (FIA);
c. Grant and issue a mandate in the nature of a Writ of Certiorari, calling for and quashing the decision of the 1st Respondent referred to in the letter dated 11th July 2024 marked as ’P35’ and or any other ancillary decision;
d. Grant an Interim Order directing the 1st to 6th Respondents to maintain the status quo which prevailed as at 30th June 2024 in respect of the Ceylon Motor Sports Club being empowered to act as an affiliated member by conducting international and national sporting events and discharge all rights attached to an affiliate member, including voting and appointing representatives to the Executive Committee of Sri Lanka Automobile Sports;
e. Grant the Petitioners Costs; and
f. Grant the Petitioners such other and further reliefs as Your Lordships’ Court will seem meet.
The facts of this case are briefly as follows:
According to the petition, the Ceylon Motor Sports Club (hereinafter referred to as ‘CMSC’) is the oldest motor racing club in Sri Lanka established in 1934 during the British period. The Petitioners state that on 10th October 1963, the Fédération Internationale de l'Automobile (hereinafter referred to as ‘FIA’), the governing body for motor sports internationally, recognized CMSC and they received affiliation with the FIA. The Petitioners further state that, CMSC has continued to make payments to the FIA’s Annual Subscription from its own funds and for the year 2024, they paid a sum of 6900 Euros for the same purpose.
The Petitioners aver that, the SLAS (then called the Sri Lanka Association of Motor Sports) established under the Sports Law No. 25 of 1973 as amended, is the controlling body for Automobile (Motor) Sports in Sri Lanka. The Petitioners further aver that, the CMSC registered with SLAS in 1975 and continued to maintain its recognition and affiliation with the FIA.
The Petitioners state that, the Extraordinary Gazette Notification No. 2006/13 dated 13.02.2017 was promulgated and inserted a regulation stating inter alia that,
a) Every registered National Association of Sports shall have the power to register with their respective international Federation or Association; or
b) No other affiliates, clubs and other organizations engaged in particular sports shall be entitled to register with respective international Federation or Association.
Further, the Petitioners state that, the Director General of Sports Development Department sent a letter dated 30.01.2018 to CMSC inter alia informing that a notice has been issued pursuant to a complaint followed by a meeting, that CMSC should resign from the membership of the FIA and that CMSC should nominate SLAS as the member of the FIA for Sri Lanka.
The Petitioners state that, thereafter, CMSC by letter dated 19.02.2018 informed the Director General of Sports Development Department that, they had not violated Clause 7(2)(d) of the Extraordinary Gazette Notification No. 2006/13 to which a response was not given.
The Petitioners further state that, the CMSC through its President and Secretary instituted an action in the District Court case bearing No. DSP/39/2018 against the governing body of SLAS. According to the Petitioners, on or around 23.03.2018, CMSC received a letter from the 1st Respondent stating that until the SLAS obtains membership
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