IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for under and in terms of Article 99(13) of the Constitution Safiul Muthunabeen Mohamed Muszhaaraff Lake View, 418, Vaathiya Road, RM Nagar, Pottuvil-27 Petitioner vs SC Expulsion No. 02/2022

1. S. Suairdeen Secretary General, All Ceylon Makkal Congress

2. Rishad Bathiudeen, Leader, All Ceylon Makkal Congress

3. N. M. Shaheid, Attorney-at-Law

4. M. S. S. Asmeer Ali

5. Hussein Bhaila

6. Y. L. S. Hameed 7. M. H. M Navavi

8. Hon. Ishak Rahuman

9. Dr. M. S. Anees

10. Abdullah Mahroof

11. K. M. Abdul Razzak

12. M. I. Muththu Mohamed

13. Dr. A. L. Shajahan

14. A. J. M. Faiz 15. M. N. Nazeer

16. M. A. M. Thahir

17. M. A. Anzil

18. Rushdy Habeeb, Attorney-at-Law

19. Dr. Y. K. Marikkar

20. M. R. M. Hamjath Haji

21. R. M. Anwer

22. I. L. M. Mahir 23. I. T. Amizdeen

24. Januafer Jawahir 25. S. H. M. Mujahir

26. Hon. Ali Sabry Raheem

27. All Ceylon Makkal Congress (The 1^st to 27^th Respondents all of No. 23/4, Charlemont Road, Colombo 06)

28. Dhammika Dasanayake Secretary General of Paliament Parliament of Sri Lanka Sri Jayewardenepura Kotte 29. Mr. Nimal Punchihewa Chairman, Election Commission Election Secretariat, P. O. Box 02, Sarana Mawatha, Rajagiriya.

Respondents Before : Priyantha Jayawardena PC, J : A. L. Shiran Gooneratne, J : Arjuna Obeyesekere, J Counsel : Dr. Romesh De Silva PC with Uditha Egalahewa PC, Niran Anketell, Harith De Mel and N. K. Ashokbharan for the Petitioner.

: Mr. M.A. Sumanthiran PC with H. Hisbullah and Suren Fernando for the 1^st to 7^th Respondents.

: Mr. M.A. Sumanthiran PC with D. Mascrange for the 8^th Respondent. : Mr. M.A. Sumathiran PC with K. Wickramanayake for the 9^th to 18^th Respondents.

: Mr. Hejaaz Hizbullah with Chalana Perera for the 19^th, 20^th, 22^nd to

25^th and 27^th Respondents.

: Indumini Randeny, SC for the 28^th and 29^th Respondents.

Argued on : 14^th February, 2023 Decided on : 29^th February, 2024 Priyantha Jayawardena PC, J Facts of the application The petitioner is a member of Parliament elected from the Digamadulla District at the General Election in August, 2020 from the All Ceylon Makkal Congress (hereinafter referred to as the “ACMC”).

The petitioner stated that he was expelled from the party on the allegation that he voted for the 2^nd and 3^rd reading of the Budget 2022 in defiance of the party decision not to vote for the said Budget. He stated that the said decision to expel him from the party is unlawful and violates the principles of natural justice as he was not given an opportunity to Show Cause in respect of the charges levelled against him and a proper disciplinary inquiry was not held prior to expelling him.

The petitioner further stated that on the 29^th of November, 2021, he received a Show Cause Notice dated 26^th of November, 2021 from the 1^st respondent stating that as he had voted for the Budget 2022 against the decision of the ACMC and therefore, disciplinary action would be taken against him by the Political Authority. Further, it was stated that if no written explanation was sent within 14 days, it would be considered that he has no cause to show and he would be expelled from the party. Thereafter, on the 8^th of December, 2021, he replied to the said letter stating that he was unaware of the decision referred to in the same letter.

Furthermore, the decision to vote against the Budget 2022 was decided by the Political Authority at the meeting held on the 21^st of November, 2021, when the petitioner was absent. The petitioner stated that he did not read the WhatsApp messages, nor the other forms of communication alleged to have been sent to him by the Political Authority informing him not to vote for the Budget 2022. Hence, he was not aware of the said decision.

The petitioner stated that he and the 1^st respondent exchanged several letters, consequent to which, a purported inquiry was scheduled to be held on the 23^rd of May, 2022. The petitioner also stated that the purported Disciplinary Committee of the pa