SC invalidates expulsion of Mahinda Samarasinghe

Wasantha Ramanayake

COLOMBO: The Supreme Court yesterday determined that the expulsion of Disaster Management and Human Rights Minister Mahinda Samarasinghe from the United National Party was bad in law.

Accordingly, court granted the relief sought by the petitioner, Samarasinghe that he would continue to be a member of Parliament.

The Bench comprised Justices Nihal Jayasinghe, Nimal Dissanayake and Andrew Somawansa.

Justice Jayasinghe delivering the unanimous judgement, with the other Judges agreeing, observed. "It is my considered view that on an appraisal of the totality of the circumstances concomitant to the expulsion of the petitioner, the purported expulsion is bad in law."

Justice Jayasinghe dealing with the charge sheet preferred against the petitioner, observed that a particular charge that the petitioner violated the UNP Constitution by occupying a seat in Parliament as a UPFA Minister was clearly in violation of a pledge supposed to be given by every candidate selected, before the elections as mandated in terms of the UNP Constitution, warranted merit.

He noted that in terms of the UNP Constitution that every selected candidate had to compulsory make a pledge that if elected he\she would conform to the principles, policy and code of conduct of the party and would abide by the party Constitution, standing orders and rules of the party.

Justice Jayasinghe noted that according to the respondents' counsel, that if any candidate would fail to do so, action could be taken against him.

The pledge would remain in place even after he would be returned to Parliament, disciplinary action including expulsion could be taken for any violations of the pledge.

However, Justice Jayasinghe noted that the respondents had failed to submit the pledge and that had they tendered such a pledge as given by the petitioner, the court could have made a ruling. Justice Jayasinghe noted that the Counsel for the petitioner had submitted that the petitioner might not have subscribed to such a pledge.

Samarasinghe cited the UNP, its leader Ranil Wickremesinghe, UNP Secretary General N.V.K.K. Weragoda, three members of Disciplinary Panel Rupa Karunathilake, Ranjith Fernando and Hemaka de Alwis, Election Commissioner Dayananda Dissanayake, Parliamentary General Secretary Priyani Wijesekera and the Attorney General as respondents.

President's Counsel D.S. Wijesinghe with Kaushalya Molligoda and Dhammika Dharmadasa appeared for the petitioner. Counsel Ronald Perera and Dushit Johnthasan appeared for the 1,2 and 3 respondents.

Senior State Counsel Indica de Silva and State Counsel S. Barrie appeared for the seven and eight respondents.