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Wednesday, 7 March 2012

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Enjoining Order against TNA, staying expulsion of MP

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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