By Madushka Balasuriya and By S.S.Selvanayagam
Sri Lanka Cricket’s board elections have been postponed by at least a month after the Court of Appeal found that election protocol had been flouted, the second such postponement in a little over a month. Elections are now only likely to be held by end of June, while the Annual General Assembly and Extraordinary General Assembly set for today has also been postponed.
This latest postponement is the result of a petition filed by SLC presidential candidate Nishantha Ranatunga against the legitimacy of incumbent President Thilanga Sumathipala’s candidacy, on the basis of the latter’s familial ties to the gaming industry.
While the court is understood to have dismissed the petition, in the deliberation process the court found that SLC had failed to hold a mandatory 14-day nomination period following the announcement of the election date – something which SLC had seemingly been granted permission for by the Sports Ministry less than two weeks prior – and such called for fresh elections to be held only after a new nomination period had taken place.
Elections had initially been announced for 19 May and a nomination deadline set for 27 April, but were postponed after the Sports Ministry declared that SLC had violated the country’s sports law in the appointing of an election committee. Sports Law dictates an election committee should be appointed on the floor of an Extraordinary General Meeting in front of SLC general membership, whereas SLC had made the appointment at an Executive Committee (ExCo) meeting.
SLC contested that then Sports Minister Dayasiri Jayasekera had granted special permission in this regard, but following Jayasekera’s resignation on 1 April, his replacement Faiszer Mustapha called on SLC to follow protocol.
As such, SLC appointed a new election committee at an EGM on 19 May. But, with the Board constitutionally bound to wait 40 days from the announcement of an election to hold elections, SLC petitioned the Sports Ministry to waive the waiting period as the nomination period had already taken place. The Sports Ministry, following consultation with the country’s Attorney General, concurred and allowed elections to be held on 31 May.
However, in the latest twist, Sri Lanka’s Court Of Appeal has effectively nullified the Sports Ministry’s and the AG’s decision.
While a new election date is being decided, the state of SLC leadership is up in the air. The present Board’s term ends on 31 May. For them to continue the Sports Minister will either have to grant an extension on the Board’s term limit or appoint an interim committee.
President’s Counsel Romesh de Silva appeared for the Petitioner. Navin Marapana appeared for Thilanga Sumathipala. Additional Solicitor General Sanjay Rajaratnam appeared for the Minister.
Petitioner cited Elections Committee Chairman Rasika Weeratunga and the members of the said committee, Minister of Sports Faiszer Musthapha, the present Chairman of SLC and others as Respondents.
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