14 October 2023 12:00 am Views - 210
The Supreme Court yesterday determined that Ape Janabala Pakshaya’s decision to expel Ven. Athuraliye Rathana Thera from the party membership is not valid in law.
With this Supreme Court judgement, there is no legal impediment for Rathana Thera to function as a Member of Parliament following his expulsion from party membership.
Supreme Court three-judge-bench comprising Justices Buwaneka Aluwihare, Murdu Fernando and Janak de Silva held that the decision to expel the petitioner from the membership of ‘Ape Janabala Pakshaya’ on a purported decision of the Disciplinary Committee is ex-facie illegal.
Article 99 (13) (a) of the Constitution provides that where an MP ceases, by resignation, expulsion or otherwise to be a member of a political party or independent group, his seat in Parliament shall become vacant, upon the expiration of a period of one month from the date of his ceasing to be such member.
The Supreme Court determined that for the purposes of Article 99(13)(a) of the Constitution, the purported expulsion of the Petitioner, Ven. Athuraliye Rathana Thera was invalid.
The Supreme Court made its determination after examining the requisite competence of the expelling authority and the nature of the decision making process including that of the “domestic inquiry” to be satisfied as to its bona fides and the compliance with the principles of natural justice.
In his petition, Rathana Thera had cited Ape Janabala Pakshaya General Secretary, its Chairman, Chairman of the Election Commission, members of the Election Commission, Secretary General of the Parliament and several others as respondents.
Ape Janabala Pakshaya had earlier informed the Supreme Court that it has taken a decision to withdraw the letter issued expelling Ven. Athuraliye Rathana Thera from party membership.
However, President’s Counsel Sanjeewa Jayawardena appearing on behalf of the Rathana Thera contended that he would proceed with the petition seeking a declaration that his client continues to be and remains as a Member of Parliament.
President’s Counsel Sanjeewa Jayawardena with Rukshan Senadheera appeared for the petitioner. President’s Counsel Farman Cassim appeared for the Ape Janabala Pakshaya.
Counsel Nilshantha Sirimanne with Deshara Goonetilleke appeared for the 11th Respondent. Deputy Solicitor General Avanti Perera appeared for the Attorney General.