Mendis v. Bertypremalaldissanayake and Others – sllr 2006 volume 2 page 402

In Mendis (Petitioner) vs. Bertypremalaldissanayake and Others (Respondents), the court considered the legality and reasonableness of the Minister’s decision to suspend the Petitioner from his positions as Chairman and member of the Thalawa Pradeshiya Sabha. It was determined that the suspension, effected after the appointment of a retired judicial officer to inquire into misconduct allegations, lacked justification as no new material had emerged after the appointment. The principle reaffirmed was that ministerial discretion under Section 185(3) of the Pradeshiya Sabhas Act must be exercised contemporaneously with the appointment of the inquiry officer, and subsequent suspension requires fresh, substantive grounds. The decision, grounded in statutory interpretation and principles of reason