SC holds Attanayake expulsion from UNP invalid



By Chitra Weerarathne


The Supreme Court yesterday declared that the expulsion of Parliamentarian Tissa Attanayake from the membership of the United National Party was invalid. The letter of expulsion conveyed to petitioner Attanayake was also declared invalid.


The Court said that no explanation had been called from Attanayake prior to the decision to expel him from the party and no proper inquiry held. There was no evidence to show that the matter had been placed before the Working Committee of the UNP. There had been an absolute violation of natural justice.


Any expulsion could be done according to the procedure and the law.


What mattered was not whether Attanayake would lose his post as General Secretary of the UNP. An unfair expulsion would make him unfairly lose his seat in Parliament, the bench held.


The Court had cited agreement with previous judgements of the court, where undue expulsions had been nullified.


M.U.M. Alisabry PC, appeared with Kaushalya Molligoda, and Ruwantha Cooray, instructed by Athula de Silva for MP Attanayake. Romesh de Silva PC appeared with Sugath Caldera instructed by Samararatne Associates for the UNP. First respondent Ronald Perera PC, appeared with Nalin Amarajeewa, instructed by Samararatne Associates for Ranil Wickremesinghe, the leader of the UNP also a respondent. Ikram Mohammed PC appeared for Kabir Hashim the present General Secretary of the UNP, also cited among the respondents.


Deputy Solicitor General, Indika Demuni de Silva appeared for the Attorney General.


The Judgement was by Justice Rohini Marasinghe with Justice Priyantha Jayewardene and Justice Buwaneka Aluwihara agreeing.


 
 
 
 
 
 
 
 
 
 
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