Expulsion of Sabaragamuwa UNP PC member invalid - Appeal Court

Wasantha RAMANAYAKE

The Court of Appeal yesterday held that the expulsion of the Sabaragamuwa UNP Provincial Councilor Jayatilleke Podinilame from the party was invalid. The Court held that the letter of expulsion has no force in law.

Justice D.C.S. Lecamwasam delivering the judgment with Justice S. Skandaraja and Justice Rohini Marasinghe agreeing observed that the 1-3 respondents UNP, its leader Ranil Wickremesinghe and General Secretary Tissa Attanayake have not followed the rule of Natural Justice. He noted that the 1-3 respondents have failed to afford the petitioner a fair hearing with adequate time to present an effective answer or defence. He observed that the time given to him to explain is “extremely” inadequate. “I hold that the strict compliance with the Principle of Natural Justice is a precondition to a valid expulsion from the first respondent party.”

The Court also noted that the order would not preclude the respondents from taking fresh action against the petitioner according to law. The petitioner cited the UNP, its leader Ranil Wickremesinghe and General Secretary Tissa Attanayake, Sabaragamuwa Provincial Council Secretary Lalith Dodankotuwa and the Sabaragamuwa Provincial Council as respondents.

Petitioner Podinilame stated that he has been with the UNP for 22 years and had served as a Parliamentarian, a Provincial Councilor and the Chief Minister of the Sabaragamuwa Province. He stated that he had been with the party despite its continuous defeat at the several elections. The petitioner stated that he had opposed the party decision to field a common candidate at the Presidential Election.

He stated he could not support the common candidate against his conscience therefore supported President Mahinda Rajapaksa contrary to the party directions.

The petitioner stated that third respondent UNP General Secretary charge-sheeted him; for supporting the President at the Presidential election, obtaining SLFP membership and meeting the President at the President’s House in Kandy.

He stated that the UNP working committee had illegally decided to remove him from the UNP on January 05.

The petitioner stated that he had never obtained the SLFP membership and he was not heard before been expelled from the party.

Ali Sabry with Rasika Dissanayake appeared for the petitioner.

Ronald Perera appeared for first and second respondents.

Daya Pelpola appeared for the third respondent.

Deputy Solicitor General A. Gnanathasan with State Counsel Anula Jayatilleke appeared for fourth and fifth respondents.