Expulsion of Rathana Thera from Ape Janabala Pakshaya not valid in law: SC

By Lakmal Sooriyagoda

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.