10 Mar 2023 - {{hitsCtrl.values.hits}}
By Lakmal Sooriyagoda
A writ petition filed seeking an order declaring State Minister of Tourism Diana Gamage to be disqualified as a Member of Parliament since she is a British citizen was yesterday fixed for argument by Court of Appeal.
Court of Appeal two-judge-bench comprising Justice (President) Nissanka Bandula Karunaratne and Justice M.A.R. Marikkar fixed the petition for argument on April 3.
The parties were directed to file their written submissions regarding the preliminary objections raised by Diana Gamage before 27th of March.
Social activist Oshala Herath filed the petition seeking an order in the nature of a Writ of Quo Warranto declaring that Diana Gamage is disqualified to be a Member of Parliament and is thus not entitled to hold office as a MP.
In this case, the petitioner claimed that State Minister Diana Gamage is a British citizen and only a British citizens can hold a British Passport. The petitioner maintained that by virtue of becoming a citizen of another country, Parliamentarian Diana Gamage ceased to be a Sri Lankan citizen. The petitioner said Diana Gamage has not obtained dual citizenship or any other form of citizenship in Sri Lanka.
The petitioner further said Diana Gamage is disqualified from election as a MP or to sit and vote in Parliament under and in terms of Article 91 read with Article 89 and Article 90 of the Constitution of Sri Lanka.
Counsel Hafeel Farisz with Nishika Fonseka appeared for the petitioner. President’s Counsel Shavindra Fernando appeared for Diana Gamage. Presidents Counsel Farman Cassim appeared for Ranjith Madduma Bandara of the Samagi Jana Balawegaya.
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