W. Lionel Marcus Fernando vs. Commissioner of Corporative Development and Registrar of Co-Operative Societies – CA PHC 197/2016-2022

In the case between W. Lionel Marcus Fernando and the Commissioner of Co-operative Development and Registrar of Co-Operative Societies (Western Province) along with the Negombo Multi-Purpose Co-Operative Society Ltd, the court addressed whether a writ of prohibition should issue to prevent the first respondent from disqualifying the appellant from election to the committee of the Negombo “A” Pradeshika Society. The core issue related to the interpretation of Section 21(1)(e) of the Rules under the Co-operative Societies Law No.95 of 1972, specifically whether a surety is encompassed within the term “borrower” for purposes of disqualification. It was held that a show-cause letter does not constitute a final decision giving rise to an imminent legal threat warranting prohibition, and that a