AG’s advice sought after Colts challenge legality of SLC
View(s):The Sports Ministry has sought legal advice from the Attorney General’s Department after Colts Cricket Club challenged the legality of the current Sri Lanka Cricket (SLC) Executive Committee headed by Shammi Silva.
Nishantha Ranatunga is back in action
As the two year-term of the current committee ended on February 20, 2021, petitioners Club President Nishantha Ranatunga and Secretary Maj. Gen. Shiran Abeysekera have asked the Minister to appoint a caretaker for the administration of the multi-million dollar sport until the election of office-bearers on May 20.
Quoting the SLC constitution, which states that the “Office Bearers shall hold office for a period not exceeding two (2) years”, the petitioner states that the current office-bearers are not legally entitled to hold office or exercise the powers of the office anymore as their two-year term has lapsed.
“…and the said Office Bearers continuing to hold office and exercise the powers of the office are blatantly ultra vires, wrongful illegal, unlawful and has no avail in law,” the petitioners state.
SLC held its last election on February 21, 2019 to pick office-bearers for a two-year term as specified in the section 7(2)(b) of the constitution. Now that the term has lapsed, the incumbent office-bearers have no legal right to stay on.
“In these circumstances, we, being a Controlling Member of the Sri Lanka Cricket, are concerned that Sri Lanka Cricket may not be able to lawfully function as the term of the Office-Bearers are ended, and the next election would not take place until 20th May 2021,” the petitioners maintained.
“Therefore, we kindly urge you, Sir, to exercise your discretion vested under section 32 of the Sports Law No. 25 of 1973 and suspend the registration of Sri Lanka Cricket up until the election is concluded in May 2021, and until then under the powers vested under section 33 of the Sports Law No. 25 of 1973, appoint an interim committee to carry out the duties and functions of Sri Lanka Cricket and thereby ensure the smooth and lawful functioning of Sri Lanka Cricket.” Legal experts say the Minister of Sports could rectify the situation immediately by granting an extension for the current committee or by placing the board under an interim administration as it has done in the past.
“As per the Sports Law, the Minister could appoint the same committee or an interim committee, if not all functions and their decisions would be illegal. We have done this in the past,” said Panduka Keerthinanda, a former legal adviser to the Ministry of Sports.