SC delivers landmark judgement: political crossovers now at risk

• SLMC decided to expel Minister Naseer Ahamad following  his decision to vote in favour of the budget at the Third Reading on  December 10, 2021

By Lakmal Sooriyagoda

The Supreme Court in a landmark judgement yesterday determined that the Sri Lanka Muslim Congress’ (SLMC) decision to expel Minister Naseer Ahamad from the party membership is valid in law. With this Supreme Court judgement, Naseer Ahamad’s expulsion will lead to the loss of his parliamentary seat.

 The Supreme Court Justices Preethi Padman Surasena and S. Thurairaja observed that the decision made by the SLMC to expel Petitioner Ahamad from the party is valid in law.

Justice Mahinda Samayawardena in a separate judgement held that there is no reason to interfere with the decision of the party to expel petitioner Naseer Ahamad from party membership. The application of the petitioner Naseer Ahamad was dismissed accordingly without costs.

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.

In the case of Gamini Dissanayake Vs M. C. M. Kaleel and others, which was decided on December 3, 1991 by the Supreme Court, had delivered a similar judgement. In Gamini Dissanayake’s case, eight members of the United National Party who were also Members of Parliament had filed eight petitions in terms of Article 99 (13) (a) of the Constitution challenging their expulsion from the Party. In a minority judgement, the Supreme Court held that the expulsion of the eight petitioners was valid.
The SLMC decided to expel Environment Minister Naseer Ahamad following his decision to vote in favour of the budget at the Third Reading on December 10, 2021. The High Command of the SLMC had unanimously resolved to expel the petitioner from party membership.

At the General Election conducted in the year 2020, the Petitioner was elected as a Member of Parliament from the SLMC and agreed to conduct himself as a member of the opposition in line with the electoral pact of the SLMC.
The Petitioner along with several others had signed a document as members and representatives of the SLMC in parliament pledging their loyalty to the constitution, rules and regulations of the SLMC. It is the position of the SLMC that its High Command had decided at that meeting not to vote in favour of the Appropriation Bill in Parliament. The High Command had also decided that the SLMC members could either vote against the said Appropriation Bill or abstain from voting. The SLMC has alleged that the Petitioner while holding a senior and substantial position in the party High Command has breached the party decision.

Minister Ahamad had filed this petition in terms of Article 99 (13) (a) of the Constitution, praying for an order to set aside and invalidate the SLMC’s decisions to expel him from the party.

Justice Surasena observed that the petitioner has not only breached this solemn pledge but also has deliberately refrained from giving any explanation for his conduct.

Sanjeeva Jayawardena PC with Ruwantha Cooray, Rukshan Senadheera and Punyajith Dunusinghe appeared for the petitioner. M.A. Sumanthiran PC with Viran Corea, Anne Kulanayagam and Divya Mascranghe appeared for the SLMC. Dr. Romesh de Silva PC, Uditha Egalahewa PC, Kuvera de Zoysa PC appeared for the other respondents.