Enjoining Order against TNA, staying expulsion of MP
Roshan THUSHARA
The Colombo District Court yesterday issued an enjoining order
preventing Tamil National Alliance parliamentarian Perumpulli Hewage
Piyasena from being expelled from the party. The court issued this order
on TNA leader and the party secretary when the case filed by TNA
parliamentarian P.H. Piyasena who challenged the letter issued by party
secretary on September 30, 2010 was taken up.
The court waid that the order is in force until final determination
of the case. The party secretary in his letter to parliamentarian
Piyasena had cited that his decision to support the 18th amendment to
the constitution in spite of the agreement reached by the TNA
parliamentary group over this issue is a violation of party’s
disciplines.
Attorney At Law Faizer Mustapha on behalf of the complainant said
that the TNA parliamentarian’s decision to support the 18th amendment to
the constitution as a people’s representative is not illegal. He
informed court that the TNA parliamentarian in question has taken this
decision according to his conscience for the betterment of the country.
Considering the submissions made by the plaintiff, Colombo District
Judge Dhammika Ganegala confirmed the restraining order which was issued
on July 22 , 2011 and issued this enjoining order on TNA leader and its
secretary.
President’s Counsel Kanageswaran appeared on behalf of the
respondents. The TNA parliamentarian had filed a case against the party
leader at Jaffna District Court and the Jaffna District court had also
issued restraining order. Attorney At Law Faizer Mustapha who appeared
for the complainant said that his client has filed a case before the
Supreme Court. He said that the Supreme Court had also upheld that his
expulsion was illegal.
He noted that the disciplinary action over the membership of the
party can only be taken by the central committee under its constitution
and the respondent’s action is illegal. The case was fixed for May 19.
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