SJB is a separate party contesting to the detriment of UNP: CA

Expulsion of members upheld; Suppression of facts; Costs

The Court of Appeal this week upheld the Colombo District Judge’s order that the Samagi Jana Balawegaya (SJB) is a separate political party recognised by the Elections Commission, and was contesting the upcoming parliamentary elections detrimental to the interests of the United National Party (UNP).

It held that the SJB is formed by a section of UNP members, including its deputy leader and the plaintiff, and was contesting the elections fielding candidates against the UNP.

In an 11-page judgment delivered by High Court of Civil Appeal Judge Sampath P Abayakoon, with Judge M Laffar Thahir in agreement, the Court dismissed the appeal by SJB General Secretary Ranjith Madduma Bandara against an order by District Judge Amali Ranaweera who refused to issue an injunction against the UNP from expelling their ( now SJB) members from the UNP.

The order states that the District Judge had considered all factual situations to form an opinion that the plaintiff (Madduma Bandara) had failed to disclose all the material facts to the Court, which amounts to a misrepresentation and suppression of facts. The DJ had issued a notice of interim injunction to the UNP providing the plaintiff another opportunity to present matters to Court with more clarity, but it was clear that the balance of convenience lies with the defendants, as it will be the UNP which will suffer if the plaintiff is allowed to be an active member of the UNP while being a member of a competing political party - the SJB.

The court finding no merit in the leave to appeal application dismissed it with costs set at Rs 25,000.

Senior Counsel for the plaintiff has critiqued the DJ’s order, arguing that her order that there was a suppression of facts was wrong, as that situation was only applicable in a situation where an enjoining order has been obtained ex-parte. The DJ had only to look as to whether the plaintiff had established a prima facie case and in whose favour the balance of convenience lies.

Counsel Ikram Mohammed PC had said the DJ had gone on a “voyage of discovery” and only relied on the minutes of the UNP Working Committee and that the plaintiff had contested the veracity of the minutes.

Senior Counsel for the UNP, Ronald Perera PC said that the plaintiff had submitted to the constitution of the UNP in first asking for time to show cause for his expulsion from the party was now contesting under another party. He said the plaintiff being in another party was asking for UNP votes at the forthcoming election to the detriment of the UNP.

The order said the DJ had found several inaccuracies in the averments of the petition, and the documents tendered by the plaintiff had given clear reasons for her findings as a judge should do, in deciding an issue at hand.

The Bench held that while the UNP had decided to contest the elections as a coalition with like-minded parties, and named Sajith Premadasa as the leader and the plaintiff as the secretary of that coalition, a new party was formed registered as the Samagi Jana Balawegaya (SJB) and was fielding candidates against the UNP.

It upheld the view of the DJ that the SJB was not a coalition formed as agreed by the UNP Working Committee and was a separate political party recognised by the Election Commission.

Mr Ronald Perera PC with Mr Mishar Sathar and Yasas de Silva appeared for UNP Leader Ranil Wickremesinghe.

Mr Neomal Pelpola with Mr Naveen Shanaka appeared for UNP Assistant Leader Ravi Karunanayake.

Mr Eraj De Silva with Mr Majuka Fernandopulle appeared for UNP General Secretary Akila Viraj Kariyawasam

Mr Ikram Mohamed PC with Mr Farman Cassim PC, Mr Thisath Wijeyagunawardene PC and Mr Tharindu Weerasena appeared for SJB General Secretary Ranjith Madduma Bandara.