IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application under and in terms of the Proviso to Article 99(13)(a) of the Constitution of the Democratic Socialist Republic of Sri Lanka SC Expulsion 02/2021 Ven. Athuraliye Rathana Thero, Sadaham Sewana, Gothami Road, Rajagiriya PETITIONER Vs.

01 Ape Janabala Pakshaya, No. 15/27, Adagala Watta, Wellava Road, Kurunegala

02. Nishantha Ratnayake, General Secretary, Ape Janabala Pakshaya, No. 15/27, Adagala Watta, Wellava Road, Kurunegala

03. Saman Perera, Chairman, Ape Janabala Pakshaya, No. 15/27, Adagala Watta, Wellava Road, Kurunegala

04. Samantha Keerthi Bandara, General Secretary, Wijaya Dharani National Council, Gothami Road, Rajagiriya

05. Nimal Punchihewa, Chairman, Election Secretariat, Sarana Mawatha, Rajagiriya

06. G.S.B. Divaratne, Member, Election Secretariat, Sarana Mawatha, Rajagiriya

07. M.M. Mohomed, Member, Election Secretariat, Sarana Mawatha, Rajagiriya

08. K.P.P. Pathirana, Member, Election Secretariat, Sarana Mawatha, Rajagiriya

09.Member, Election Secretariat, Sarana Mawatha, Rajagiriya

10. Saman Sri Ratnayake, Commissioner General of Elections, Election Secretariat, Sarana Mawatha, Rajagiriya

11.Dhammika Dasanayaka, Secretary General of Parliament, Parliament of Sri Lanka, Sri Jayawardenapura, Kotte.

RESPONDENTS Before: Buwaneka Aluwihare, PC, J Murdu N.B. Fernando, PC, J Janak De Silva, J COUNSEL: Sanjeewa Jayawardena, PC with Rukshan Senadeera, S. Palihawadana and Eranga Thilakaratne for the Petitioner instructed by Deshan Wimalaratna Farman Cassim, PC with Vinura Kularatne instructed by Dimuthu Kuruppuarachchi for the 1st to 3rd Respondents.

Nilshantha Sirimanne with De Shara Goonethileke for the 4^th Respondent.

Dr. Avanti Perera, DSG for the 5^th to 11^th Respondents.

ARGUED ON: 26.09.2022. DECIDED ON: 13.10.2023 Determination Aluwihare PC, J The Petitioner invoked the jurisdiction of this court in terms of Article 99(13)(a) of the Constitution seeking declarations from this court that the expulsion of the Petitioner from ‘Ape Janabala Pakshaya’, is invalid; that the seat he held in Parliament has not become vacant consequent to such expulsion and that the Petitioner has not ceased to be a member of Parliament.

The Petitioner was declared elected as a Member of Parliament under Article 99A of the Constitution and the same was gazetted by the Commissioner General of Elections under an order of the Election Commission on 18-12-2020.

The factual background The Petitioner is the Chairman of the ‘Wijaya Dharani National Council’; a political party but not a recognized political party under the provisions of the Parliamentary Elections Act No. 1 of 1981, as amended. The Petitioner, therefore, had decided to contest the general elections through the 1^st Respondent which is a recognized political party registered with the Election Commission. Accordingly, a Memorandum of Understanding (hereinafter referred to as the MOU) was signed between the 1st Respondent, ‘Ape Janabala Pakshaya’ party and ‘Wijaya Dharani National Council’ on 18.03.2020. This was to create a coalition or an alliance between the two political parties and to facilitate ‘Wijaya Dharani National Council’ to contest for the Parliamentary Elections under the 1^st Respondent, ‘Ape Janabala Pakshaya’. [P4]

In terms of the MOU entered between the ‘Ape Janabala Pakshaya’ and the ‘Wijaya Dharani National Council’, the parties had expressly agreed, inter alia, to the following conditions;

a) Clause 5; the parties had very clearly agreed that the ‘Ape Janabala Pakshaya’ being the first party to the same, has no right to influence or intervene or object to any political decisions and activities taken by the 2^nd party to the MOU, i.e., the ‘Wijaya Dharani National Council’ of which the Petitioner is a member as well as its chairman.

b) Clause 6;, the parties had agreed that the 1^st Party Ape Janabala Pakshaya’

will not have any influence on a member of parliament elected from the 2^nd par