Judgement on Geetha’s eligibility to sit as MP on May 3

A writ petition filed by five residents of Galle District challenging the constitutionality of electing popular actress Geetha Kumarasinghe as a Member of Parliament since she holds duel citizenship was yesterday fixed for judgement on May 3 by the Court of Appeal.

The Two-Judge-Bench comprising Court of Appeal (President) Justice Vijith Malalgoda and Justice Preethi Padman Surasena directed the parties in the petition to file written submission in Court before April 5.

The Attorney General yesterday informed the Court of Appeal that there is no evidence even up to now to prove that Galle District Parliamentarian Geetha Kumarasinghe has abandoned her Switzerland citizenship.

Deputy Solicitor General Janak de Silva appearing for the Attorney General informed Court that in terms of the Article 91(1) (d) (xiii) the first respondent Geetha Kumarasinghe is not qualified to be elected as a Member of Parliament since she holds duel citizenship.

The Deputy Solicitor General made this submission, when the writ petition filed by five residents of Galle district challenging the constitutionality of electing popular actress Geetha Kumarasinghe as a Member of Parliament, since she holds duel citizenship, was taken up for inquiry. The petitioners had sought an order of writ of Quo Warranto declaring that MP Geetha Kumarasinghe is disqualified to be a Member of Parliament and thus not entitled to hold office as a Member of Parliament.

The petitioners N.W.E. Buwaneka of Beddegama, J.K. Amarawardhana of Yatalamatta, A.C. Gunasekara of Unawatuna, J.K. Wijesinghe of Ambalangoda and H.L. Prasanna Deepthilal of Galle maintained that Mrs. Kumarasinghe is a holder of duel citizenship, namely of Sri Lanka and Switzerland, who had contested the 2015 Parliament Election and had not divulged her duel citizenship at the time of submission of nominations. The petitioners had cited Geetha Sanammali Kumarasinghe, M.N. Ranasinghe Controller General of Immigration and Emigration, Prof. Vishwa Warnapala the secretary of UPFA, Dhammika Dasanayake the Secretary General of Parliament as respondents.

They stated that by virtue of constitution, in particular, section 20 of the 19th amendment to the constitution, Article 91(1)(d)(xiii) she is not qualified to be elected as a Member of Parliament. The relevant provision stated that a citizen of Sri Lanka who is also a citizen of any other country shall not be qualified to be elected as a Member of Parliament or to sit and vote in Parliament. The petitioners stated that due to public interviews of the first respondent published in the media, they were of the reasonable apprehension that she was a holder of a duel citizenship and that she was a citizen of Switzerland.

Senior Counsel J.C. Weliamuna appeared for the petitioners. President’s Counsel Manohara de Silva appeared for Geetha Kumarasinghe. Deputy Solicitor General Janak de Silva appeared for the Attorney General.