PRASANNA RANATHUNGA
VS.
GOVERNOR OF THE WESTERN PROVINCE AND 117 OTHERS

COURT OF APPEAL
VIJITH MALALGODA,.PC. J (P/CA)
MADAWALA, J
CA 68/2015(WRIT)
MARCH 20, 2015
APRIL 02, 2015

Writ of Prohibition' Mandamus - Removal of the Chief Minister by the Governor of the Province - Constitution Article 154 (F)(4) - Relying on hearsay material ? No decision to appoint the 57th Respondent taken - Speculation?

The Petitioner sought a Writ of Prohibition prohibiting the 1st Respondent Governor from removing him from the post of Chief Minister of the Western Provincial Council and another Writ of Prohibition from appointing the 57th Respondent as the Chief Minister.

Held:

[1] Appointment of the Chief Minister is by the Governor of the Province.

[2] The Petitioner has failed to submit any step taken by the 1st Respondent in furtherance of the request by the 57th Respondent.

[3] The Petitioner has relied on hearsay material to arrive at surmises and conjectures in respect of the appointment of Chief Minister.

Per Vijith Malalgoda PC.J. (P/CA) "quashing and prohibiting orders frequently go hand in hand.......but either remedy may be sought by itself."

A