Secretaries cease to hold office when Cabinet Ministers restrained from functioning - Upul Jayasuriya



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by Zacki Jabbar


Former President of the Bar Association Upul Jayasuriya PC, says the UPFA’s contention that secretaries of Ministries could function without Cabinet Ministers, is wrong and violated the Constitution.


He told "The Island" last night that according to Article 52(3), the Secretary to a Ministry shall cease to hold office upon the dissolution of the Cabinet of Ministers under the provision of the Constitution or upon a determination by the President under Article 43 or 44, which results in the Ministry ceasing to exist.


Jayasuriya said that Article 52 (3) applies as result of Monday’s Court of Appeal order restraining Prime Minister Mahinda Rajapaksa and his Cabinet of Ministers functioning,until the final determination of a petition challenging the legality of their holding office, filed by 122 MPs.


The Appeals Court granted the petitioners the following reliefs;


I) An interim order restraining the 1st Respondent from functioning as Prime Minister and or Minister of the Cabinet of Ministers, until the final hearing and determination of the application.


2) An interim order restraining the 2nd to 29th respondents from functioning as Ministers who are Members of the Cabinet of Ministers, until the final hearing and determination of the application.


3) An interim order restraining the 39th to 41st Respondents from functioning as Ministers who are not members of the Cabinet of Ministers, until the final hearing and determination of the application.


4) An interim order restraining the 42nd to 49th Respondents from functioning as Deputy Ministers until the final hearing and determination of this application.


 
 
 
 
 
 
 
 
 
 
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