Thushara Sanjeewa Witharana vs. Admiral of the Fleet Wasantha Karannagoda and others – CPA 160/2022-2023

The case between Thushara Sanjeewa Witharana (Mayor of Kurunegala Municipal Council) and the Governor of the North Western Province along with related provincial and municipal officers addressed whether the issuance of a gazette notification under Section 277(1) of the Municipal Council’s Ordinance was ultra vires and contrary to the governing North Western Provincial Council Statute No. 1 of 1990. It was held that the statutory conditions for invalidating the Governor’s action had not been met, and that the existing Municipal Council’s Ordinance could be invoked in the absence of clear statutory inconsistency described per constitutional requirements. The decision relied on the applicable statutes and constitutional provisions, emphasizing that procedural prerequisites must be satisfied f