PIYASENA
VS.
ILANKAI THAMIL ARASU KADCHI AND OTHERS

SUPREME COURT
SALEEM MARSOOF, P. C. J.
SRIPAVAN, J.AND
SURESH CHANDRA, J.
S.C.APPLICATION (SPECIAL) EXPULSION NO. 03/2010
JANUARY 18TH, 2011
JANUARY 24TH, 2011
JANUARY 25TH, 2011

Expulsion of a Member from a recognised political party - Constitution - Article 99 (13) (a) - Validity of expulsion - Injunctive and discretionary relief- Duty of full disclosure of all material facts - Provincial Councils Act 2 of 1988.

The Petitioner was elected to the Parliament as a member of the political party, "Ilankai Thamil Arasu Kadchi" (ITAK). He was expelled from the said party on a decision taken by the Disciplinary Committee of the ITAK. The Petitioner prayed for a declaration that the said decision to expel him from the ITAK as
communicated by 'P 12' is invalid and of no force or avail in law and for a determination that the said expulsion was invalid. He also prayed for a declaration that the Petitioner has not ceased to be a Member of Parliament and that he continues to be and remains a Member of Parliament.

A preliminary objection was taken at the outset to the maintainability of the application on the