Muthumadinage Ranjith Perera v. H.S Fonseka – CA PHC APN 170/2010-2021

In the case between H.S. Fonseka, Assistant Commissioner (Administration), Department of Co-operative Development, and Muthumadinage Ranjith Perera, the core legal issue concerned whether a statutory right of appeal existed under the Co-operative Societies Law or Section 4(2) of the International Covenant on Civil and Political Rights (ICCPR) Act, No. 56 of 2007, regarding orders made under Section 59(4) of the Co-operative Societies Law. It was determined that the proceedings for recovery of an arbitral award were administrative rather than criminal, and thus did not engage the right of appeal afforded by the ICCPR Act. The absence of an express statutory right of appeal under the relevant legislation led to the conclusion that the prior dismissal of the appeal was correct. Key legal prin