SLMC asks EC to issue gazette announcing Minister Nazeer Ahamed replacement

Following Friday’s (6) Supreme Court ruling validating the decision by the Sri Lanka Muslim Congress (SLMC) to expel MP Nazeer Ahamed, the party has written to the Election Commission (EC) requesting it to issue a gazette announcing his replacement.

SLMC General Secretary Nisam Kariyappar, PC told the Sunday Times yesterday that the party has written to the Chairman and Members of the EC, the Commissioner General of Elections and the Secretary General of Parliament regarding the Court ruling on the decision to expel Mr Ahamed.

Mr Kariyappar claimed that Mr Ahamed had ceased to be an MP from Friday, given that Article 99 (13) (a) of the Constitution notes that where the Supreme Court determines that the expulsion was valid the vacancy “shall occur from the date of such determination.”

Given that Mr Ahamed is an elected MP, it is the EC that will have to gazette his replacement, which will be the candidate who obtained the next highest number of preferential votes from the

Batticaloa District at the 2020 parliamentary election. That would be former MP Ali Zahir Moulana, Mr Kariyappar said.

Mr Ahamed, who is also the Environment Minister, had filed a petition in the Supreme Court against the decision by the party to expel him over his move to vote in favour of the Appropriation Bill 2022.

The SLMC High Command had taken the position that it had decided at its meeting held on 21.11.2021 not to vote in favour of the Appropriation Bill. The High Command had also decided that SLMC members could either vote against the Bill or abstain from voting. It had argued that the Petitioner being aware of the aforesaid meeting and its unanimous decision had nevertheless proceeded to vote in favour of the Appropriation Bill on 22.11.2021 at its second reading, and at the third reading as well, in blatant violation of the decision of the SLMC High Command.

In its ruling, the threeJudge bench comprising Justices Preethi Padman Surasena, S Thurairaja and Mahinda Samayawardhena noted that the Petitioner has pledged that he would be loyal to the Party and honour the decisions of its High Command. “But the Petitioner has not only breached this solemn pledge but also has deliberately refrained from giving any explanation for his conduct. He has also determined not to submit himself to the authority of the Party,” the Court noted, holding the expulsion as valid.

Sanjeewa Jayawardena, PC appeared for the Petitioner. M A Sumanthiran, PC appeared for the SLMC.

It is the EC that will have to gazette his replacement, which will be the candidate who obtained the next highest number of preferential votes from the Batticaloa District