SC grants permission to Bhaila to proceed against SLMC, UNP

by Wasantha Ramanayake

The Supreme Court yesterday granted permission to Small and Medium Enterprise Development Deputy Minister Hussein Ahamed Bhaila to proceed against the Sri Lanka Muslim Congress and the United National Party in the expulsion case filed by him. The court directed the petitioner to publish notice in national daily newspapers in three languages giving particulars of the case.

The Bench comprised Justices Nihal Jayasinghe, N.K. Udalagama and Raja Fernando.

Petitioner Hussein Ahamed Bhaila cited the Sri Lanka Muslim Congress, its leader Rauf Hakeem, its Secretary General, United National Party, its leader Ranil Wickremesinghe, Secretary General of the UNP, the Election Commissioner, and the Parliamentary Secretary General as respondents.

The petitioner stated that he had been a member of the first respondent SLMC.

He stated that due to certain misunderstandings with the second respondent he was compelled to resign from it. Later having sorted out the differences he had worked for the party without being a member.

He stated his name was included in the UNP national list submitted to the Election Commissioner for the April 2, 2004 General Election and his name was nominated by the General Secretary of the UNP to be declared elected as its national list MP.

The petitioner stated that he crossed over from the Opposition to the Government ranks on May 18, 2004. Consequently, he had been purportedly expelled from the SLMC. He had subsequently challenged the expulsion in the Supreme Court and the court in its judgement dated August 22, 2004, determined that the purported expulsion was void and invalid.

The petitioner stated that later the President appointed him as the Deputy Minister of Small and Medium Enterprise Development.

He stated that the third respondent SLMC General Secretary by his later dated March 22, 2005 informed him the decision of the High Command of the SLMC that he had been expelled from the party. He had also received a letter from the sixth respondent UNP General Secretary in a letter dated April 5, enclosing an even dated letter of the sixth respondent addressed to the eighth respondent parliamentary General Secretary stating that the partitioner had ceased to be a member of the UNP.

The petitioner stated that the purported expulsion from the UNP was invalid, since among other things, the Supreme Court judgement dated August 24, 2004, the 1-6 respondents were debarred in law from taking any action which would affect his membership in Parliament, he had not been a member of the UNP and in terms of the Provisions of the Article 99 (A) and the Parliamentary Elections Act there was no such requirement that the candidates who were qualified to be elected as Members of Parliament to be members of recognised political parties.

The petitioner sought to determine the expulsion to be null and void and to set aside the same. He also sought a declaration that he had not ceased to be a Member of Parliament.

The objections are to be filed on of before May 16. The counter objections to be filed before May 20.

President's Counsel Wijedasa Rajapakse appeared for the petitioner.

The hearing was fixed for May 30.