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."

AN APPLICATION for a Writ of Certiorari/ Madamus/Prohibition

Manohara de Silva, PC with Pubudini Wickramaratne for the Petitioner Indika Demuni de Silva for the 1st Respondent.
Wasantha Wijewardane for the 3rd Respondent.
Ronald Perera, PC with Chandimal Mendis, Nalin Amarajeewa, Sureen Fernando and Akila Amunugama for the 57th and 58th Respondents.
Kushan de Alwis, PC with K.Navaratne and C. Fernando to the 105th and 106th Respondents.
Suren Fernando for the 107th Respondent
Chandimal Mendis for the 108th Respondent

Cur.adv.vult.

May 11, 2015

VIIJITH K. MALALGODA PC J.

Petitioner has filed the present application before this Court praying that this Court be pleased to:

(b) Grant a mandate in the nature of a Writ of Prohibition prohibiting the 1st Respondent from removing the Petitioner from the post of Chief Minister of the Western Provincial Council,

(c) Grant a mandate in the nature of a Writ of Prohibition prohibiting the 1st Respondent from appointing the 57th Respondent and/or any other person other than The Petitioner as the Chief Minister of the Western Provincial Council.

(d) In the event a decision is made by the 1st Respondent to appoint the 57th Respondent or any other person other than the Petitioner as the Chief Minister of the Western Provincial Council, grant a mandate in the nature of a Writ of Certiorari to quash such decision of the 1st Respondent to appoint the 57th Respondent or any other person other than the Petitioner as the Chief Minister of the Western Provincial Council;

(e) In the event the 1st Respondent to appoint the 57th Respondent or any other person other than the Petitioner as the Chief Minister of the Western Provincial Council, grant a mandate in the nature of a Writ of Mandamus directing the 1st Respondent to act according to law in appointing the Chief Minister of the Western Provincial Council;

(f) Grant interim order restraining the 1st Respondent from removing the Petitioner from the post of Chief Minister of the Western Provincial Council until the final determination of this application;

(g) Grant interim order restraining the 1st Respondent from appointing the 57th Respondent and/or any other person other than the Petitioner as the Chief Minister of the Western Provincial Council until the final determination of this application,

When the matter was taken up before us for support, respondents appearing through their counsel raised several preliminary objections challenging the maintainability of this application. However at that stage the Court decided to take up both matters. i.e. preliminary objections on the maintainability of the application and whether the petitioner is entitled under Law to ask for notices and interim relief as prayed by h