Benson Eric Fernando v. Mervyn Anthony Fernando and Others – sllr 1995 volume 1 page 070

In the case between Benson Eric Fernando (Plaintiff) and Mervyn Anthony Fernando and others (Defendants), the court addressed whether the petitioner, removed as Chairman of the Moratuwa Multi-Purpose Co-operative Society by a no-confidence vote conducted without prior agenda notice and in his absence, could seek a writ of certiorari to quash his removal. It was held that, pursuant to Section 60(2) of the Co-operative Societies Law, No. 5 of 1972, any challenge to the validity of an election to office or removal therefrom is reserved exclusively for determination by the Registrar, whose decision is final. The principle reaffirmed is that when a statute prescribes a specific method and forum for determining such disputes, the courts’ writ jurisdiction is excluded. The application for certior