Panamure Maithree Murthi Thero and others vs Rev. Niyangoda Samiddhi Mangala Thero and others – CA WRIT 0300/2020-2023

Brief
In the case between the 1st to 8th Petitioners (Upasampada Bhikkus) and the 3rd Respondent, Commissioner-General of Buddhist Affairs (with the 1st and 2nd Respondents), the court addressed the issue of whether the Commissioner-General is legally bound, under Section 41(3) of the Buddhist Temporalities Ordinance, to register the Petitioners’ Upasampada Declarations and transmit them to the relevant authorities. It was held that the Commissioner-General’s refusal to register these declarations was illegal and ultra vires, reaffirming the principle that a ministerial function imposed by statute must be performed without discretion. Reliance was placed on statutory interpretation and relevant legal authorities to confirm the mandatory nature of the statutory duty, leading to an order qua