UNP restrained from suspending Minister’s party membership

SANDASEN MARASINGHE

Colombo District Judge Sampath Wijeratne yesterday issued an enjoining order restraining United National Party from suspending the party membership of Media Minister Lakshman Yapa Abeywardena from the UNP.

The Court also issued another order restraining United National Party and its General Secretary Tissa Attanayake from taking action to suspend Minister Abeywardena from sitting in Parliament by informing the Secretary General of the Parliament based on the same suspension from the party membership of the UNP.

The Court issued the orders after Minister Lakshman Yapa Abeywardena filed a petition before the Court alleging that the defendants of this plaint had no right to take a decision to suspend his party membership from the UNP as informed to him from a letter dated April 24, 2009.

The Minister filed the plaint citing UNP, its leader Ranil Wickremesinghe, its General Secretary Tissa Attanayake and 89 others as defendants.

Minister Lakshman Yapa Abeywardena filing the plaint submitted before the Court that he contested under the UNP banner at the General Election of 2004 and was elected a Member of Parliament. Later he joined the Government in November 2004 and he was appointed as the Media Minister in January 2007. But he continued to be a member of the UNP.

Media Minister Abeywardena further submitted that a letter dated March 30, 2009 by UNP General Secretary Attanayake informed him that the Working Committee of the UNP had learnt the plaintiff had accepted the post of Sri Lanka Freedom Party organizer for Hakmana.

If the fact was true, based on the same fact, the UNP party membership of Minister Abeywardena had to be cancelled under the UNP party constitution. The letter asked Minister Abeywardena to inform General Secretary to UNP whether he had accepted the post of organiser of SLFP for Hakmana, within 10 days.

Minister further stated that he requested from the UNP General Secretary on April 08, 2009 to extend the period till April 27 for explanation as the Sinhala and Tamil New Year was closer. Later on April 26 plaintiff sent a letter to Tissas Attanayake stating that Attanayake had no right to suspend his party membership from the UNP based on the judgment of SC expulsion 5/2004.

But, Tissa Attanayake before the Minister wrote the answer, informed him through a letter dated April 24, 2009 that the Minister’s party membership from UNP was suspended as he failed to answer UNP General Secretary’s previous letter. The letter also stated that he would inform the suspension of the Minister’s membership from UNP to the General Secretary to the Parliament.

But later Tissa Attanayake informed him through a letter dated April 29, 2009 that he did not receive the Minister’s letter that requested for extension of period for explanation. the same letter also stated that Attanayake requested the General Secretary to the Parliament to defer taking steps with respect of the suspension of party membership of Minister Abeywardena from the UNP.

Minister Abeywardena further stated that if UNP General Secretary informed the General Secretary to the Parliament to take steps to suspend his membership from Parliament, he would suffer an irreparable loss.

The Minister in his plaint stated that he obtained the membership of the UNP in 1973 and he contested at the General Election in 1994 for the first time from Matara District and was a member of Parliament since then. He was the founder of the Laxman Yapa Abeywardena Foundation and he had established a village consisting of 26 houses at Madihe, Matara through this foundation after the tsunami.

He further stated that he was elected to the Parliament in 2004 under the UNP. Later the UNP entered into an MOU with the Government to find solutions for burning issues of the country. But when the MOU did not realise, 16 members of the UNP joined the Government with the invitation of President Mahinda Rajapaksa.

Attorneys-at-Law Ali Sabri and Rasanga Harischandra appeared for the plaintiff instructed by Athula de Silva.