Court of Appeal today in its judgement held that the removal of petitioner B. Deniswaran from the portfolios of the Northern Provincial Council by the Chief Minister C.V. Wigneswaran is illegal and made without jurisdiction and therefore it is a nullity.
Justice Mahinda Samayawardhena with Justice K.Priyantha Fernando concurring in his judgement also held that the Chief Minister had no power to remove the petitioner from his ministerial portfolios.
The Court allowed the petition with costs payable by the 1st Respondent C.V. Wigneswaran to the Petitioner Dineswaran.
The Court also held that the appointments of G. Gunaseelan and K. Sivnesan as new ministers by the Governor are also null and void ab initio and quashed the decisions of removal and new appointments.
Petitioner cited Northern Province Chief Minister Justice C.V. Wigneswaran, K. Sarveswaran, Ananthi Sasitharan, G. Gunaseelan, K. Sivanesan, P. Sathiyalingam, Governor Reginald Cooray as respondents.
The petitioner was the Minister of Fisheries, Transport, Trade and Commerce, Rural Development, Road Development and Motor Traffic of the Northern Province.
He and P. Sathiyalingam were admittedly removed from their ministerial portfolios by the Chief Minister of the Northern Province, and thereafter G.Gunaseelan and K.Sivanesan were appointed instead as new ministers by the Governor.