On 09.01.2023, a Joint Cabinet Memorandum dated 02.01.2023 submitted by the Ministry of Finance, Economic Stabilization and National Policies and Minister of Power and Energy on “Proposal for the Revision of Electricity Tariff in the year 2023” was considered by the Cabinet of Ministers along with a Joint Note to the Cabinet on the same subject and dated 09.01.2023 numbered as CP No. 23/0046/621/002-I. According to the Sri Lanka Electricity Act No.20 of 2009 (as amended), the Commission is mandated, inter alia, to protect the interest of all consumers, “Interest of the Consumers” includes the interests of existing and future consumers with regard to the prices charged and other terms of supply of electricity, as the economic, technical, and safety regulator is statutorily required. 

As per the Section 3(1) (e) of the SLEA provides that electricity consumers have a basic right to fairness in recovering expenses. The amended General Policy Guideline for the electricity industry and the proposed electricity tariffs approved by the Cabinet of Ministers had bypassed the provisions of the Sri Lanka Electricity Act No.20 of 2009 (as amended) and the Public Utilities Commission of Sri Lanka Act No. 35 of 2002 and undermined the functions of the Public Utilities Commission of Sri Lanka, the Regulatory Authority and hence the said Cabinet decision (Item No.07) dated 09.01.2023 is ultra vires the provisions of the Sri Lanka Electricity Act No.20 of 2009 (as amended) and the Public Utilities Commission of Sri Lanka Act No. 35 of 2002. The Centre for Environmental Justice (CEJ) along with few others filed this case on 23.01.2023, with the purpose of quashing the Memorandum dated 2023-01-02 and Cabinet Decision dated 09.01.2023, in the Court of Appeal. However, Court of Appeal dismissed this case on 17.02.2023.

Petitioners filed a petition in the Supreme Court seeking special leave to appeal from the order of the Court of Appeal on 15.03.2023. Lastly, this case was taken up before the Supreme Court on 10.10.2023 and this case was fixed for support before the Supreme Court on 05.04.2024.