Minister’s parliamentary seat challenged over alleged unconstitutional occupation

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

By Lakmal Sooriyagoda   

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.   

 The Petitioner stated that the case of Dilan Perera v. Rajitha Senaratne has held that under prevailing law Article 91(1) (e) of the constitution disqualifies a person to be elected as a MP or sit and vote in Parliament if he directly or indirectly by himself holds or enjoys any right or benefit under any contract made by or on behalf of the republic.  The petitioner stated that respondent Minister had been declared elected as a MP from National List of Jathika Jana Balawegaya on 17th of November following the Parliament Elections and thereby he is sitting and voting in Parliament.  The petitioner said to the best of his knowledge, respondent is a Professor in Sociology at the Department of Sociology, Faculty of Humanities and Social Sciences, University of Ruhuna.   

The petitioner is a social and political activist and has instituted several public interest litigations. He was the petitioner in an application for writ of Quo Warranto against former State Minister Diana Gamage in which Supreme Court in appeal held Diana Gamage was disqualified to be a Member of Parliament.