Former Minister Piyasena Gamage yesterday sought Supreme Court's permission to intervene in an appeal filed by Galle district Parliamentarian Geetha Kumarasinghe.
Piyasena Gamage who received the seventh highest number of preferential votes on the UPFA Galle District list further sought an order to dismiss the appeal filed by Geetha Kumarasinghe.
This intervenient petition is to be taken up for support on July 7.
Delivering its judgement on the writ petition filed by five residents of thr Galle district, the Court of Appeal on March 3 held that in terms of Article 91(1) (d) (xiii) of the Constitution, Geetha Kumarasinghe is not qualified to be elected as a Member of Parliament since she holds dual citizenship in Switzerland and Sri Lanka.
Subsequently, MP Geetha Kumarasinghe filed an Appeal in the Supreme Court challenging the Court of Appeal judgment.
On May 15, a divided three-judge-Supreme Court Bench had granted special leave to appeal with the petition filed by Kumarasinghe.
Counsel Suren Fernando appearing for intervenient petitioner, informed court that no interim relief could have been obtained insofar as it affect the intevenient petitioner's rights, in the absence of his having been named as a respondent.
"He should have been appointed as a Parliamentarian. He is an aggrieved party of the case. Therefore, I am requesting for an early date for support this application," Counsel Fernando added.
In his petition, former MP Piyasena Gamage observed that Interim order granted to Geetha Kumarasinghe should be set aside or vacate as the intervenient petition had not been named as a respondent.
The Chief Justice had nominated a fuller Bench comprising five judges of the Supreme Court to hear an appeal filed by Galle district Parliamentarian Geetha Kumarasinghe.
In this petition, Geetha Kumarasinghe had cited 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, Controller General of Immigration and Emigration, the Secretary General of Parliament and several others as respondents.
President’s Counsel Romesh de Silva appeared for MP Geetha Kumarasinghe. President’s Counsel Faiz Musthapha with J.C.Weliamuna PC and Chandaka Jayasundara PC appeared on behalf of the respondents. Senior Deputy Solicitor General Janak de Silva Appeared for the Secretary General of Parliament and Controller of Immigration and Emigration.
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