RASIAN THURAIRATHNAN VS. CHIEF MINISTER, EASTERN PROVINCE AND OTHERS

RASIAN THURAIRATHNAN
VS.
CHIEF MINISTER, EASTERN PROVINCE AND OTHERS

COURT OF APPEAL
SISIRA DE ABREW, J.
GOONERATNE, J.
SALAM, J.
CA 178/2012
JULY 25, 26, 30, 2012

Constitution-13th Amendment-Article 154[F]1 -Article 154 B [8]-Articte 154 [8] [d] - Article 154F - Provincial Councils Act 42 of 1987 - Dissolution of Eastern Provincial Council before expiration of 5 years - Resolution to enable the Council to function - Dissolution of Council- by whom? Governor to act on the advice of the Board of Ministers? Could the Council be dissolved in view of the resolution? Formation of the opinion by Governor- Scope-Necessary parties not made parties -Fatal?

The petitioner, member of the Eastern Provincial Council, complained that, X a member of the Council gave notice of an urgent resolution to be taken up on 24.4.2002 - indicating that, there were many reports in the newspapers that the Council would be dissolved before the expiration of 5 years which ends on 10.5.2013 and moved that the Council should continue to function until the end of its term. The resolution was adopted without objections. The 2nd resp

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