SULOCHANA PERERA

Vs.

COMMISSIONER OF CO-OPERATIVE DEVELOPMENT (WESTERN PROVINCE) AND ANOTHER

SUPREME COURT
DE ABREW, J.
THURAIRAJA, J.
AMARASEKARA, J.
SC/APPEAL/146/2016
SP/LA/78/2016
CA (PHC) 56/2014
HCWA 07/2012 (WRIT)
JUNE 26, 2019

Co-operative Societies Statute, No. 3 of 1998 of the Western Provincial Council, section 60(2)-Co-operative Societies Rules, 1973, Rules 21(i) (d) and 21(i)(e)-Subordinate legislation-Disqualification-Interpretation Ordinance, section 17(1)-Interpretation of statutes

The petitioner had been selected as a member of the Periyamulla Pradeshikaya of the Negombo Multi-Purpose Co-operative Society Ltd. After an inquiry, the 1st respondent Commissioner of Co-operative

Development and Registrar of Co-operative Societies (Western Province) informed the petitioner that he was disqualified from contesting or being elected as a member of the co-operative society as he had defaulted in the payment of a loan obtained from the Rural Bank for more than three months. Although there had been a default for more than three months, after arbitration proceedings, the loan was settled long before he was selected as a member in that he wa