CA turns down SF’s claim
Parliamentary seat
The Court of Appeal yesterday turned down a writ application filed by Sarath Fonseka seeking interim relief to enable him to sit and vote in Parliament and exercise his powers, privileges and immunities as a Parliamentarian.
He also sought another interim relief to suspend the notification in the gazette made by the former Elections Commissioner notifying that Jayantha Ketagoda had been declared elected as a Member of Parliament.
The petition was taken up before a Bench comprising Justices Vijith K.Malalagoda (President) and H.C.J.Madawala.
Petitioner Fonseka sought Interim Relief from the Court to suspend a statement of the former Secretary General of Parliament to the effect that a vacancy had occurred in the Membership of the Parliament as he had ceased to be a Member of Parliament as evidenced by the Government. Gazette.
He also sought another interim relief to suspend the notification in the gazette made by the former Elections Commissioner notifying that Jayantha Ketagoda had been declared elected as a Member of Parliament.
The matter is fixed for argument on May 12 and the Objections of the Respondents are to be filed on or before March 27.
He cited former Secretary General of Parliament Dammika Kitulgoda, former Elections Commissioner Dayananda Dissanayake, Secretary General of Parliament Dhammika Disanayake, Elections Commissioner Mahinda Deshapriya and Returning Officer H.T.Kamal Padmasiri as well as Lakshman Nipunaarachchi and Jayantha Ketagoda along with Attorney General as Respondents.
Faisz Musthapha PC with Upul Jayasuriya appeared for the Petitioner. Srinath Perera PC with Nevelle Perera appeared for Jayantha Ketagoda. DSG Farzana Jameel with DSG Sumathi Dharmawardane appeared for the other Respondents.
The Petitioner also sought a declaration from the Court that 7th Respondent Jayantha Ketagoda’s claim as a Parliamentarian is null and void and that he is not entitled in law to hold office as Parliamentarian for Colombo electoral district.
He said as the leader of the Democratic National Alliance he was elected as a Parliamentarian for the Colombo electoral district at the Parliamentary elections held in April 2010.
He alleged that in February 2010, in pursuance of an alleged scheme to politically victimize him, he was charged before two Generals Court Martial and also indicted in the Colombo High Court.
On 13.08.2010, he was found guilty by the 1st Court Martial and cashiered from the Army while on 17. 09. 2010, he was found guilty by the 2nd Court Martial and sentenced to serve a term of 30 months of Rigorous Imprisonment. He was also convicted by the High Court and sentenced to three years imprisonment.
He states that the former Secretary General of Parliament i nformed the former Elections Commissioner that petitioner’s seat as a Parliamentarian had fallen vacant and upon the said communication, the 6th Respondent Lakshman Nipunaarachchi had been declared elected to Parliament. But he had been absent from sittings of Parliament during a continuous period of 3 months without the leave of Parliament.
Thereupon, 7th Respondent Jayantha Ketagoda was declared elected as Parliamentarian for the said electoral district.
Petitioner states the President granted him a pardon on 21.01.2015 in respect of his convictions.
He said that by the reason of the said pardons, by operation of law, there has been an extinction of the convictions imposed upon him.
He contends that as a matter of l aw, his Membership of Parliament remained uninterrupted and operative up to date and that the purported declarations of 6th and 7th Respondents respectively as Parliamentarians are null and void.