APPEAL COURT QUASHES JVP DECISION TO EXPEL MEMBER
The Court of Appeal quashed the decision taken by the JVP leadership to expel JVP Western Provincial Councillor Waruna Deeptha Rajapakse from the JVP thus declaring the petitioner had not ceased to be a member of the Western Provincial Council and continued to be a member of the Western Province Provincial Council.
The Appeal Court Judges Sisira de Abrew, Anil Gooneratne and A.W.A. Salam came to this decision on considering the submissions made by Counsel Saliya Pieris who appeared with Asth- ka Devendra, Nuwan Bopage and Sonali Jayasuriya instructed by Sanath Wijewardena for the petitioner Waruna Deeptha Rajapakse and on the submissions made by Wijedasa Rajapaksa PC with Rasika Dissanayake on behalf of the JVP, its leader Somawansa Amarasinghe, Secretary Tilvin Silva and 26 other JVP Central Committee members. The Court observed the decision to expel the petitioner from the party was wrong as it
The Court observed the decision to expel the petitioner from the party was wrong as it had not been made in compliance with the constitution of the party
had not been made in compliance with the constitution of the party. Chapter 10(iii) of the constitution of the JVP (P1) provides that the disciplinary committee must inform the members who allegedly violate the discipline of the party of the place, date and time of the inquiry.
Further according to chapter 10 (iv) of the constitution of the JVP the members who allegedly violate discipline of the party must be given an opportunity to appear before the disciplinary committee and submit their explanation. According to material submitted to this court, the disciplinary committee had not complied with the provisions of the constitution of the JVP. Therefore it held that the decision by the central committee of the JVP to expel the petitioner was wrong and should be set aside.
The court quashed the decision to expel the petitioner from the JVP which was communicated by letter dated March 12, 2012 and declared the petitioner had not ceased to be a member of the Western Provincial Council and that he continued to be a member of the Western Provincial Council.