Harin’s expulsion cases postponed as SC bench not properly constituted

• The two Ministers are seeking a declaration that they have not ceased to be MPs
• The petitioners stated that the party’s decision to expel them from party membership was unlawful and contrary to natural justice

By Lakmal Sooriyagoda

The Expulsion Petitions filed by Tourism Minister Harin Fernando and Labour and Foreign Employment Minister Manusha Nanayakkara challenging the Samagi Jana Balawegaya (SJB) decision to remove them from their party membership were yesterday re-fixed for argument on October 27 by the Supreme Court. These petitions were re-fixed for argument, since the Supreme Court bench was not properly constituted.

The petitions were to be taken up before the Supreme Court three-judge-bench comprising Justices Vijith Malalgoda, Achala Wengappuli and Arjuna Obeysekara. However, these petitions were called before Justices Vijith Malalgoda, Gamini Amarasekara and Arjuna Obeysekara.

In terms of Article 99 (13) (a) of the constitution, an expulsion petition should be heard by three Judges of the Supreme Court and their determination should be made within two months of the filing of such petition.
The two Ministers are seeking a declaration that they have not ceased to be Members of Parliament and that they continue to be and shall remain Members of Parliament.

The petitioners maintained that they took over the Ministry portfolios, upon many requests by the Members of the Public who were desperate to see a solution to the eroding situation due to the economic crisis and in keeping in line with the provisions of the Constitution of the SJB.

The petitioners have named SJB General Secretary Ranjith Madduma Bandara, its Chairman Sajith Premadasa, the Secretary General of Parliament, the Chairman of Election Commission, members of the Election Commission and several others as respondents.

The petitioners stated that the party’s decision to expel them from party membership was unlawful and contrary to natural justice.

They are further seeking a declaration that the conduct of the purported disciplinary inquiry is in violation of natural justice and thereby null and void and has no force or avail in law.