W.M.C.U. Wijerathne vs. M. Herath & Others – CA WRIT/32/2022-2022

In the case between W.M.C.U. Wijerathne, Chairman of the Horowpathana Pradeshiya Sabha, and M. Herath, Governor of North Central Province, along with other provincial officials and Pradeshiya Sabha members, the court addressed the issue of whether the Chairman was lawfully deemed to have resigned after failure to secure the passage of the 2022 annual budget, and whether the statutory deeming provision under section 169 of the Pradeshiya Sabhas Act was applicable. It was held that due to non-compliance with the statutory requirements—specifically the lack of a conclusive vote and the failure to follow mandatory budget adoption procedures—the legal presumption of resignation applied, validating the Governor’s declaration of the chairmanship as vacant. The court reaffirmed the principle that