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Ape Janabala Party to withdraw letter expelling Rathana Thera from party membership
Ape Janabala Party today informed Supreme Court that it has taken a decision to withdraw the letter issued expelling Ven. Athuraliye Rathana Thera from party membership.
President's Counsel Farman Cassim appearing for the Ape Janabala Party informed that the letter of expulsion will be withdrawn reserving rights to file a fresh inquiry.
However, President's Counsel Sanjeewa Jayawardena appearing for Rathana Thera contended that the decision to withdraw the letter of expulsion should be done unconditionally.
Rathana Thera had filed this petition before the Supreme Court seeking a declaration that he has not ceased to be a Member of Parliament.
Supreme Court three-judge-bench comprising Chief Justice Jayantha Jayasuriya, Justice A.H.M.D. Nawaz and Justice Arjuna Obeysekera fixed the petition for February 28. Ape Janabala Party was directed to present its stance regarding the expulsion letter on next hearing date.
Rathana Thera is also seeking an order to set aside the Ape Janabala Party’s decision to expel him from party membership. He is further seeking a declaration that he continues to be and remains a Member of Parliament.
Rathana Thera has cited Ape Janabala Party General Secretary, its Chairman, Chairman of Election Commission, members of Election Commission, Secretary General of the Parliament and several others as respondents.
The petitioner stated that he received a telephone call from the Election Commission on October 15, 2021stating that the General Secretary of the Ape Janabala Pakshaya, had sent a letter to the Chairman of the Election Commission, informing that a disciplinary committee of “Ape Jana Bala Pakshaya” had recommended, pursuant to an inquiry held on October 14 to expel the Petitioner from the party.
The petitioner said he was informed that the Chairman of the Party, the Political Committee and the Central Working Committee of the party, had unanimously decided to agree with the said recommendation and apparently decided to expel him from the membership of “Ape Jana Bala Pakshaya”, with effect from October 14.
The Petitioner further states that party General Secretary had, by way of letter dated 16th of October 2021, informed the Secretary General of the Parliament, that he is expelled from the Ape Janabala Pakshaya, with effect from October 14 and informed him therefore, that the membership of the petitioner in Parliament becomes vacant, under Article 99(13) of the Constitution.
The Petitioner states that the expulsion of the Petitioner from the Ape Janabala Pakshaya is unlawful, illegal, arbitrary, unreasonable and is of no force or avail in law. (Lakmal Sooriyagoda)
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