IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application in terms of Article 140 of the Constitution for a mandate in the nature of a Writ of Quo Warranto. CA (Writ) Application 434/2022 Hitihamilage Don Oshala Lakmal Anil Herath No 22, Wata Mawatha, Piliyandala.

Petitioner -Vs-

1. Hon. Diana Gamage State Minister of Tourism, No. 537/21 Country Glade Bungalow, Amaragoda Road, Pothuwarawa, Hokandara North.

2. Hon. Tiran Alles Minister of Public Security, 15^th Floor "Suhurupaya", Baththaramulla.

3. I. S. H. J. Ilukpitiya Controller General of Immigration and Emigration, Department of Immigration and Emigration, "Suhurupaya", Battaramulla.

4. Ranjith Madduma Bandara General Secretary, Samagi Jana Balawegaya, 72, Dr. N. M. Perera Mawatha, Colombo 8.

5. Dhammika Dassanayake Secretary General of Parliament, Parliament of the Democratic Socialist Republic of Sri Lanka, Sri Jayawardenapura Kotte.

6. N. G. Punchihewa Chairman, Elections Commission of Sri Lanka, Elections Secretariat, P.O. Box 02, Sarana Mawatha, Rajagiriya.

7. S. B. Diwarathne Member, Elections Commission of Sri Lanka, Elections Secretariat, P.O. Box 02, Sarana Mawatha, Rajagiriya.

8. M. M. Mohommed, Member, Elections Commission of Sri Lanka, Elections Secretariat, P.O. Box 02, Sarana Mawatha, Rajagiriya.

9. K. P. P. Pathirana.

Member, Elections Commission of Sri Lanka, Elections Secretariat, P.O. Box 02, Sarana Mawatha, Rajagiriya.

10. P. S. M. Charles Elections Commission of Sri Lanka, Elections Secretariat, P.O. Box 02, Sarana Mawatha, Rajagiriya.

11.Mahinda Deshapriya Former Chairman, Elections Commission of Sri Lanka, Elections Secretariat, P.O. Box 02, Sarana Mawatha, Rajagiriya.

12. N. J Abeysekara, President's Counsel Former Member, Elections Commission of Sri Lanka, Elections Secretariat, P.O. Box 02, Sarana Mawatha, Rajagiriya.

13. Prof. Rathnajeewan Hoole Former Member, Elections Commission of Sri Lanka Elections Secretariat, P.O. Box 02, Sarana Mawatha, Rajagiriya.

14.M. S. Karunaratne Chief Inspector of the Human Trafficking and Smuggling Division, Criminal Investigations Department, Sri Lanka Police, York Street, Colombo.

15. Hon. Attorney General Attorney General's Department, No. 159, Hulftsdorp, Colombo 12. Respondents Before: N. Bandula Karunarathna J. (P/CA)

K.K.A.V. Swarnadhipathi J.

M.A.R. Marikar J.

Counsel: Hafeel Fariz, AAL with Nishika Fonseka, AAL instructed by Gayan Salwathura, AAL for the Petitioner.

Shavindra Fernando PC, with Mirthula Skandaraja, AAL for the 1^st Respondent Forman Cassim PC, Budwin Siriwardana, AAL instructed by Sandun Gamage for the 4^th Respondent Sudesh Madanayaka, AAL instructed by Janko, AAL for the 9^th and 10^th Respondents S. Wimalasena, DSC with R. Aluwihare, SC for the Hon.

Attorney General.

Written Submissions: By the Petitioners – 27.03.2023 By the 1^st Respondent – 27.03.2023 By the 2^nd, 3^rd and 5^th Respondent – 31.03.2023 By the 4^th Respondent – 22.03.2023 Supported on : 18.05.2023 Decided on : 31.10.2023 N. Bandula Karunarathna J. P/CA This is an application for grant and issue a mandate in the nature of a Writ of Quo Warranto requiring the 1^st Respondent to show by what authority she claims to hold office and continues to function as a Member of Parliament of the Democratic Socialist Republic of Sri Lanka. Further the petitioner request to grant and issue a mandate in the nature of a Writ of Quo Warranto declaring that the 1^st Respondent is disqualified to be a Member of Parliament and is thus not entitled to hold office as a Member of Parliament of the Democratic Socialist Republic of Sri Lanka.

When this matter was taken up before this court on 02.03.2023, the learned President Counsel appearing on behalf of the 1^st Respondent indicated to Court that he wishes to raise few preliminary objections.

The preliminary objections are as follows;

i. The Petition of the Petitioner has not been filed in compliance with Rule 3 (1) (a) of the Supreme Court Rules and should be dismissed in limine.

ii.