RANJAN RAMANAYAKA

VS.

SECRETARY GENERAL OF PARLIAMENT AND ANOTHER

COURT OF APPEAL
OBEYESEKERE, J. (P/CA)
COREA, J.
CA/WRIT/52/2021
MARCH 16, 18, 2021

Writ of prohibition-Articles 66(d), 89(d), 91(1)(a), 105(3) of the Constitution-Parliamentary Elections Act, No. 1 of 1981, section 64(1)- Vacation of parliamentary seat-Disqualification of a sitting member of parliament-Conviction and sentence for the offence of contempt of court-Ministerial act

The petitioner, an elected Member of Parliament, was convicted for the offence of contempt of court punishable under Article 105(3) of the Constitution and sentenced to a term of four years rigorous imprisonment by the Supreme Court. He filed this application before the Court of Appeal seeking a writ of prohibition prohibiting the 1st respondent, the Secretary General of Parliament, from taking steps in terms of the Parliamentary Elections Act, No. 1 of 1981, to inform the Elections Commission that he has vacated his seat as a Member of Parliament in view of the said conviction and sentence.

Held :

1. Article 89 contains disqualifications inter a/ia to be an elector of the Members of Parliament. For Ar