Secret ballot: Court unties Commissioner Sarangika Jayasundara’s hands

By Lakmal Sooriyagoda

A writ petition filed seeking an interim order to prevent the respondents, including Western Province Local Government Commissioner Sarangika Jayasundara, from conducting a secret vote for the election of the Chairman and Deputy Chairman of the Seethawaka Pradeshiya Sabha was yesterday dismissed by the Court of Appeal.  

The petition was filed by Pradeshiya Sabha members representing opposition parties, who claim to hold the majority in the council.   

They are challenging the decision of Commissioner Sarangika Jayasundara to conduct secret ballots during the inaugural meeting held on June 17.  

Court of Appeal (President) Justice Rohantha Abeysuriya and Justice K. Priyantha Fernando decided to dismiss the petition along with three other petitions citing that there was no reasonable grounds to issue notices on the respondents.  

The petitioners stated in protest against this decision, 24 members walked out of the council chamber, resulting in the absence of a quorum.  

They further claimed that the first respondent, Sarangika Jayasundara, acted in an arbitrary manner by opting for a secret ballot despite the majority of members having formally requested an open vote.   

The petitioners also argue that the decision to proceed with a secret vote has raised serious doubts about the impartiality and conduct of the Commissioner.  

President’s Counsel Ali Sabry, appeared for the petitioners.   

Senior Additional Solicitor General Sumathi Dharamawardena with Deputy Solicitor General Manohara Jayasinghe appeared for the respondents.