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| Wednesday, 2 February 2005 |
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| Justice Fernando inquires from K. N. Choksy, PC : Is UNP vested with authority to terminate Rohitha Bogollagama's parliamentary membership arbitrarily Supreme Court Justice Raja Fernando yesterday inquired from President's Counsel K. N. Choksy whether the UNP was vested with the authority to terminate the Parliamentary membership of Rohitha Bogollagama who was elected by the mandate of the people, arbitrarily and without any inquiry. Justice Fernando made this query when the case filed before the Supreme Court by Rohitha Bogollagama against his expulsion from the UNP membership was taken up for hearing. President's Counsel K. N. Choksy leading counsel for the UNP answering said that although Bogollagama was elected by the people the latter voted him to Parliament due to his membership of the party. Hence Bogollagama or any other member cannot act on their own without the sanction of the Working Committee. The Bench comprised Justices Nihal Jayasinghe, Nimal Dissanayake and Raja Fernando. The petitioner stated that he was sworn in as the Minister of Advanced Technology and National Enterprise Development of Sri Lanka, on November 18, on the invitation of the President. The petitioner stated that he had accepted the Cabinet Portfolio whilst remaining a member of the UNP. He stated that his expulsion was bad in law and nullity. The petitioner cited the UNP, its Leader Ranil Wickremesinghe, UNP Chairman Malik Samarawickrama, General Secretary N. V. K. K. Weragoda, Parliamentary General Secretary Priyani Wijesekera and Elections Commissioner Dayananda Dissanayake as the respondents. The petitioner sought to determine the purported expulsion of the petitioner as invalid. He also sought a declaration that the petitioner had not ceased to be a Member of Parliament and a declaration that the petitioner could continue to be a Member of Parliament. Choksy further said that Bogollagama who holds a position in the present government was a member of the Working Committee of the UNP. He had acted without the consent of the Working Committee to be sworn in as the Minister of Advanced Technology and National Enterprise Development. Justice Nihal Jayasinghe:-The UNP is a democratic Party. Isn't this so ? Choksy - It's a matter that deals with the party constitution. Within a Political party there are constraints. Whatever decision taken by a member should have the sanction of the Working Committee. Justice Nihal Jayasinghe:-Before he took over the ministry he had discussions with the Mahanayakas and the President. Should he have obtained the consent of the Working Committee even prior to that ?. Counsel - Yes, he should do so as long as he holds membership of a political party, he is bound by the regulations. He has no freedom to act arbitrarily within the political party system. There is no necessity for a disciplinary inquiry if member goes against the party constitution. If not it would be an impossible task to run a political organisation. Justice Raja Fernando:- The UNP Manifesto spoke of Co-habitation between the main political parties. This was done with the sanction of the Working Committee. It is in that context petitioner made his decision.Is there a necessity to obtain this sanction twice?. Choksy - It is a wrong point of view. Before any step would be taken one has to abide by the rules and regulations. Since the petitioner has not done this his party membership stands annulled automatically. D. S. Wijesinghe PC, with Ikram Mohamed PC, Wijedasa Rajapakse PC, and Kapila Liyanagamage instructed by Sudath Perera Associates appeared for the petitioner. K. N. Choksy PC, With L. C. Senaviratne PC and Daya Pelpola instructed by Samararatne Associates appeared for the UNP and its General Secretary. Further hearing resumes today (02). |
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