Preliminary Objections raised

Costs sought by Respondents

Counsels for the Respondents including for Ranil Wickremesinghe yesterday (12) raised preliminary objections on the maintainability of the Writ of Quo Warranto application and sought court for awarding the Respondents costs.

The Bench comprising Justices Shiran Gooneratne and K.priyantha Fernando fixed for February 26 at 1.30 pm for reply by the Petitioner to the preliminary objections.

UPFA Colombo Municipal Councillor Sharmila Gonawela who is Co-president of ‘Women for Justice filed the Writ of Quo Warranto petition against Ranil Wickremesinghe for being a Member of Parliament . She cited Ranil Wickremesinghe, Akila Viraj Kariyawasam and General Secretary of Parliament Dammika Dasanayake and two others as Respondents.

K.kanag Iswaran PC appearing for Ranil Wickremesinghe submitted that it is a pure and mandatory law that the petition shall be filed in compliance with the Court Rule.the documents annexed hereto the petition is not duly certified and so the application cannot be supported.

He alleged that all documents filed are photocopies and blank papers and he maintained that law prohibits such copies.

It is a mandatory requirement to file certified documents and the petition shall be supported by original or certified documents where the Rule regulates the mode of enforcing the law, he stated.

He contended one cannot proceed to next step failing to comply with the Rule.

He invited the attention of the Court as to whether the documents filed by the Petitioner could be relied on. The documents filed by the Petitioner should have been certified by the custodian who is legal keeper of the said documents but they were not certified by him and what is exhibited is in total violation of Court Rule, he pointed out.

Suren Fernando appearing for Akila Viraj Kariyawasam in his preliminary objections contended that the petitioner should have filed all documents at the stage of filing the petition but she did not.

He stated there are no necessary parties cited as Respondents in the petition.

He sought the court to award futile cost to the Respondents as the Respondents retain private counsels for them.

He said the documents have even no signature and the photocopies of the documents were not signed by the custodian and insisted as the petition was not proper, it must be dismissed in limine.

Senior Deputy Solicitor General Vikum de Abrew also raised preliminary objection on the maintainability of the petition.

Uditha Egalahewa PC appearing for the Petitioner pleaded for another date for reply. Petitioner seeks the Court to declare that Ranil Wickremesinghe’s membership in parliament was null and void.

Uditha Egalahewa PC with N.k.ashokbharan appeared for the Petitioner. Instructed by G.G. Arulpragasam, K.kanag Iswaran PC with Niranjan Arulpragasam appeared for Ranil Wickremesinghe and Suren Fernando appeared for Akila Viraj Kariyawasam. Senior Deputy Solicitor General Vikum de Abrew with Senior State Counsel Manohara Jayasinghe appeared for Attorney General.