Thilekeratne vs. Governor’s Office, North Central Province – CA WRIT/31/2022-2022

In the case between J. Thilekeratne (Petitioner/Chairman of the Kahatagasdigiliya Pradeshiya Sabha) and Hon. M. Herath (Governor, North Central Province), S. Ekanayake, L. J. M. G. C. Bandara, N.H.R. Nishantha, and several officials of the Kahatagasdigiliya Pradeshiya Sabha (Respondents), the court addressed whether the petitioner was lawfully deemed to have vacated office due to the failure to pass the annual budget as required under sections 168 and 169 of the Pradeshiya Sabhas Act. The application centered on the interpretation of statutory requirements for adoption or passage of the budget and the governor’s authority to declare a vacancy and appoint a new chairman. It was held that a formal vote is indispensable for budget passage in the relevant years of the council’s term; absence o