Jayawardane Liyanage Karunathilaka alias Karunathilake Jayawardane et al. vs. Commissioner/Registrar of Co-operative Development – Southern Province et al. – CA WRIT/103/2022-2023

In the case between Jayawardane Liyanage Karunathilaka and other members of the Board of Directors of Kotapola Multi-Purpose Co-operative Society Ltd (Petitioners) and the Commissioner/Registrar of Co-operative Development – Southern Province, associated Co-operative Development officers, and Kotapola Multi-Purpose Co-operative Society Ltd (Respondents), the court addressed the legality of inquiry proceedings conducted under Sections 46(1) and 66(1) of the Co-operative Societies Law. At issue was whether the inquiry process denied legal representation to the Petitioners in violation of the principles of natural justice and whether the imposition of financial penalties was proper given the procedure and records used. The estoppel defense regarding earlier payments was also considered. The c