Warusamana Dewage Gedara Wijerathne vs. Faizer Musthapha – CA WRIT APPLICATION NO. 373/2017-2017

In the case between Warusamana Dewage Gedara Wijerathne alias Wadugedara Wijerathne and others (petitioners) and Faizer Musthapha, Minister of Provincial Councils and Local Government, and others (respondents), the court addressed the legal authority of the Minister under section 3D of the Local Authorities Elections (Amendment) Act No. 22 of 2012 to alter the number of ward members by Gazette notification No. 2006/44 dated 17.02.2017. It was held that the power to modify ward member numbers lies exclusively with the National Delimitation Committee and the President, and not with the Minister or a committee appointed by the Minister. The impugned Gazette, purporting to alter the number of members per ward, was found to be ultra vires the Minister’s statutory powers and was therefore invali