Daily Mirror (Sri Lanka)

CA turns down SF’s claim

Parliament­ary seat

- BY S.S.SELVANAYGA­M

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.

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