Sinhalage Jagath Samarawickrama vs Hon. Peshala Jayaratne et al. – CA WRIT 168/2015-2015
The case between Sinhalage Jagath Samarawickrama, former Chairman of the Dimbulagala Pradeshiya Sabha, and Hon. Peshala Jayaratne (Chief Minister and Minister in Charge of Local Government, North Central Province) and others, addressed the lawfulness of the petitioner’s removal from office under section 185(1) of the Pradeshiya Sabha Act No. 15 of 1987 and the propriety of omitting certain respondents in the amended petition. The court held that the preliminary objection regarding necessary parties would not result in immediate dismissal and determined such objections should be considered together with the substantive application at the stage of deciding on notice. This approach reaffirmed the principle that procedural objections can be postponed when central merits remain unadjudicated. R

