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Case filed by Mahara PS UNP members : Fixed for hearing on September 03

by Ranga Chandrarathne

The District Judge of Colombo, S.M.S. Samarakoon yesterday put off the hearing of the case, filed by the eight United National Party members of the Mahara Pradeshiya Sabha against the decision taken by the UNP's Executive Committee to expel them from the Party, for September 03.

When the case was taken up for hearing yesterday, counsel for the defendants, Srinath Perera PC submitted that the District Court of Colombo has no jurisdiction to hear the matter.

The plaintiffs, Kulawansa Adhikari, K.A. Rohitha Lionel, Aruna Jayakody, M.M.M. Jiffery, Meril Samson Perera, Imesh Kotuwewaththu, Nimal Dehiwaththa, Ranjith Pannala have cited the United National Party. The Chairman of the UNP Malik Samarawickrama, the General Secretary of the UNP N.V.K.K. Weragoda, the Chairman of the Disciplinary Committee of UNP and Member of Parliament Gamini Lokuge, Members of the Disciplinary Committee Vernan Thilakarathne and Nissanka Nanayakkara, as defendants.

The plaintiffs states that they made a complaint by letter dated January 16, 2004 revealing certain corrupt and fraudulent activities of the Chairman to the leader of the party Ranil Wickremesinghe requesting him to intervene and stop the corrupted and arbitrary conduct of the Chairman of the Pradeshiya Sabha Charles Ranasinghe Weerasekara as it affected not only to the UNP group of members of the Pradeshiya Sabha but also the entire party.

Accordingly the plaintiffs met the Deputy Leader of the UNP, Karu Jayasuriya and had a discussion on the matter and the Deputy Leader told the plaintiffs that he would take measures to settle the dispute before January 29, 2004. Meanwhile, the members of the opposition informed the plaintiffs by a letter dated January 12, 2004, that they would convene a Special General Meeting (SGM) to move a motion of impeachment against the Chairman.

The plaintiffs further state that a SGM was convened on January 29, 2004 and the members of the opposition moved a motion of no confidence against the Chairman where the plaintiffs had refrained from voting.

The plaintiffs state that the main reason, for the defeat of the UNP at the no confidence motion, was failure to act upon the complaints made by the plaintiffs and the general public.

The Chief Minister of the Western Province suspended the function of the Pradeshiya Sabha by a Gazette Notification together with a charge sheet.

The predecessor to the third defendant called for an explanation from the plaintiff by a letter dated April 21, 2004 on the allegations made in the charge sheet and the plaintiffs had sent a detailed explanation stating that they have not engaged in any activity violating the party's discipline and always tried to protect the party.

The predecessor of the third defendant informed the plaintiffs in a letter that a Disciplinary Committee consisting the 4th, 5th and 6th defendants were appointed and that the plaintiffs should appear before it on June 11, 2004 at the Party Headquarters. Even though the plaintiffs reported to the Party Headquarters on June 11, 2004 the inquiry was not held and it was postponed till June 18, 2004.

But the plaintiffs were denied the opportunity to provide an explanation. Then the plaintiffs were informed by the third defendant that the Executive Committee of the UNP had suspended their membership by a letter dated August 6, 2004.

Therefore the plaintiffs prayed that the letters of suspension served on them be declared null and void. The plaintiffs also prayed that an Interim Order be issued restraining the third defendant from appointing new members to the Pradeshiya Sabha. They also prayed for an Enjoining Order for the same.

Kuwera de Zoysa and Rasika Dissanayaka instructed by Sanath Wijewardene appeared for the plaintiffs. Srinath Perera PC appeared for the defendants.

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