Manusha’s and Harin’s expulsion cases fixed for further hearing

• The petitioners stated that the party decision to expel them from party membership was unlawful and contrary to natural justice
• The Supreme Court three-judge-bench comprising Justices Vijith Malalgoda, Achala Wengappuli and Arjuna Obeysekara fixed the petitions for further hearing on November 14

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 fixed for further argument on November 14 by the Supreme Court.   

President’s Counsel Faiszer Musthapha appearing for Minister Manusha Nanayakkara moved court not to accept the additional affidavit filed by the leader of SJB on October 24. 

Musthapha stated that the court should not accept the affidavit filed as the parties have already completed filing their pleadings. He further stated that purported minutes annexed to the affidavit differ from the extracts of the minutes annexed to the objections filed by the respondents, indicating that the minutes may be concocted for the purpose of action.   
The Supreme Court three-judge-bench comprising Justices Vijith Malalgoda, Achala Wengappuli and Arjuna Obeysekara fixed the petitions for further hearing on November 14.   
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 Members of the General 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, Secretary General of Parliament, the Chairman of Election Commission, members of Election Commission and several others as respondents.  
The petitioners stated that the party 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.  

Faiszer Musthapha PC, Counsel Shaheeda Barrie, Mehran Careem and Pulasthi Rupasinghe appeared for Manusha Nanayakkara. Romesh de Silva PC appeared for Harin Fernando. Dr. Jayampathy Wickremaratne and Counsel Hejaaz Hizbullah appeared for SJB Leader and General Secretary.   

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