Petition challenging PM’s seat dismissed

Lakmal Sooriyagoda-Wednesday, May 22, 2019

A writ petition filed against Prime Minister Ranil Wickremesinghe, challenging his Parliament seat was yesterday dismissed by the Court of Appeal.

Filing a writ petition in the Court of Appeal, petitioner Sharmila Roweena Jayawardene Gonawela sought an order in the nature of a quo warranto declaring that UNP leader Ranil Wickremesinghe be disqualified to be a Member of Parliament and thus the appointment of Ranil Wickremesinghe as a member of Parliament void and that he has no right to continue to hold office as a member of Parliament.

After upholding the preliminary objections raised by Prime Minister and other respondents, Court of Appeal two-judge-bench comprising Justice Shiran Goonaratne and Justice Priyantha Fernando ordered to dismiss the petition in limine.

President’s Counsel K. Kanag-Iswaran appearing for Prime Minister Ranil Wickremesinghe had raised preliminary objections citing that this application cannot be maintained since it failed to comply with Supreme Court Rules.

‘In terms of Rule 3 of the Supreme Court, the petitioner has failed to annex the original documents that he relies on.This petitioner has relied on several photocopies and uncertified documents.
According to Rule 3 (1) (a) of the Supreme Court, a petition filed in the Court of Appeal should be filed with an affidavit in support of the averments therein and shall be accompanied by originals of the documents material to such application in form of exhibits. Where a petitioner fails to comply with the provisions of this rule, the court may at the instance of any party, dismiss such application”, Kanag-Iswaran said.

However, President’s Counsel Uditha Egalahewa appearing for the petitioner had submitted to court that the documents pertaining to the cheque transaction have been placed before court. He further said the petitioner has taken action to get necessary documents in due cause.

This petition was filed by Sharmila Roweena Jayawardene Gonawela, a member of Colombo Municipal Council representing the Sri Lanka Podujana Peramuna.

The petitioner cited UNP General Secretary Akila Viraj Kariyawasam, Secretary General of Parliament Dhammika Dassanayake, Bank of Ceylon and People’s Bank as respondents. The petitioner alleged that first respondent Ranil Wickremasinghe held, as at the time of the Parliamentary Elections were held on 17 August 2015, a financial interest in several contracts entered into by public corporations on behalf of the Republic of Sri Lanka with his family company “Lake House Printers and Publishers PLC”, by virtue of his having been a major shareholder of the said company.

The petitioner stated that Ranil Wickremesinghe has been declared elected as an MP from Colombo District at the Parliamentary Elections held in 2015, and to sit and vote in parliament. Gonawela states that his was illegal for the reasons set out below and is thus an usurper of the authority of a MP, and is not qualified to hold the office of a MP.

The Petitioner states that Article 91(1)(e) of the Constitution of the Republic bars individuals who hold any interest in public contracts from being elected a MP.

The petitioner states that as held in Dilan Perera vs Rajitha Senaratne (2000 (2) S.L.R. 79), that under prevailing law, Article 91(1)(e) of the Constitution disqualifies a person to be elected as a Member of Parliament or to sit and vote in parliament” if he, directly or indirectly by himself or by any person on his behalf or for his use or benefit, holds, or enjoys any right or benefit under any contract made by or on behalf of the (Republic of Sri Lanka) in respect of the Government of the Island for the furnishing or providing of money to be remitted abroad or of goods or services to be used or employed in the service of the (Republic of Sri Lanka) in the Island.”

President’s Counsel Uditha Egalahewa appeared for the petitioner, Sharmila Roweena Jayawardene Gonawela. President’s Counsel K. Kanag-Iswaran with counsel Niranjan Arulpragasam under instruction of senior counsel G.G. Arulpragasam appeared for Prime Minister Ranil Wickremesinghe. Counsel Suren Fernando under the instruction of senior counsel G.G. Arulpragasam appeared for UNP General Secretary Akila Viraj Kariyawasam.