Newly appointed Minister’s eligibility to Parliamentary seat challenged

Another writ petition has been filed before the Court of Appeal seeking an order declaring that the Minister of Rural Development, Social Security and Community Empowerment, Dr. Upali Pannilage, is disqualified from being a Member of Parliament (MP) and therefore not entitled to hold office as an MP. 

According to the writ petition, this claim arises from the fact that he remained an employee of the University of Ruhuna at the time he was declared an MP and subsequently appointed as a Cabinet Minister.

Social and political activist Oshala Herath filed this petition, naming the following respondents: Minister Dr. Upali Pannilage (first respondent), Secretary General of Parliament Kushani Anusha Rohanadeera, Vice Chancellor of Ruhuna University Prof. Sujeewa Amarasena, the University of Ruhuna and the Attorney General.

The petition argues that Dr. Upali Pannilage, being an officer of a public corporation, is not qualified to be elected as a Member of Parliament or to sit and vote in Parliament by virtue of the Constitution.
The petitioner stated that the first respondent was elected as an MP and, by virtue of this position, was appointed as a Cabinet Minister while still serving as an officer of the University of Ruhuna, a public corporation. The petitioner contends that this creates a conflict of interest, as the first respondent has a contract and an interest in a contract made on behalf of the State.

The petitioner further stated that Article 91(1)(e) of the Constitution bars individuals with any interest in public contracts from being elected as Members of Parliament.