Expulsion case dismissed

Wasantha Ramanayake

COLOMBO: A Bench of three Court of Appeal Judges yesterday dismissed the expulsion case filed by Central Provincial Councillor S. Arulsamy. The Bench comprised Justices K. Sripavan, Ranjith Silva and Sisira de Abrew.

The Court upheld the preliminary objections raised by the Upcountry Peoples Front (UPF) that the petitioner's application should be dismissed as the petitioner had failed to cite UPF's Central Committee as a party to the application.

The Court stated that although the respondents had failed to specifically pleaded it in their objections, the fundamental nature of the preliminary objections did not warrant the Court to "disentitle" them from raising it at the hearing.

The Court stated "since the preliminary objections raised by the Learned President's Counsel is of a fundamental nature which strikes at the heart of the jurisdiction of this Court, I hold that the conduct of the respondents do not disentitle them from taking the objections relating to the "necessary parties" even though it was not specifically pleaded in their statement of objections."

The Court stated that it was not only mandatory but the fairness too required the UPF Central Committee being made a party.

"In my view, it is not only mandatory but fairness too requires prima facie that the members of the Central Committee be made respondents, an opportunity be given to explain, controvert or mitigate the case against them and the right to make submissions."

Although the respondents took four preliminary objections the Court did not venture to deal with the others in view of the conclusion reached. Petitioner S. Arulsamy cited Up-Country Peoples' Front, its President P. Chandrasekeran, Secretary General S. Wijayakumaran, Election Commissioner Dayananda Dissanayake and Secretary to the Provincial Council K.P. Karunadasa as respondents.

He stated that the respondents had purportedly expelled him from the UPF after a disciplinary inquiry. He stated that since he was not a member of the respondent party respondents could not unseat him from his seat in the Council.

Wijedasa Rajapakse PC with Kuvera de Zoysa, Kapila Liyanagamage appeared for the petitioner.

Romesh de Silva PC with K.S. Rathnavel, Maithree Wickremasinghe and Sugath Caldera instructed by G.G. Arulpragasam appeared for the respondents.

Deputy Solicitor General Anusha Nawarathne appeared for Election Commissioner Dayananda Dissanayake and Secretary to the Provincial Council K.P. Karunadasa.