The writ petition filed by Gampaha District Parliamentarian Ranjan Ramanayake, claiming his rights to function as a Parliamentarian was yesterday dismissed by the Court of Appeal.
Court of Appeal (President) Justice Arjuna Obeysekera and Justice Mayadunne Corea refused to issue notices on the respondents citing there is no legal basis to proceed with the application. Accordingly, the Court of Appeal decided to dismiss the petition without cost. With this order, there will be no legal impediment for the Secretary General of Parliament (SGP) to take a decision regarding Ranjan Ramanayake’s Parliamentary Seat.
On January 11, the Supreme Court convicted Ranjan Ramanayake for the offence of Contempt of Court and sentenced him to a term of four years Rigorous Imprisonment.
Filing this petition though his lawyers, Ramanayake sought an order restraining the Secretary General of Parliament from taking any steps to inform the Election Commission that he has vacated his seat as a Member of Parliament. The Attorney General had raised preliminary objections challenging the maintainability of this writ petition. The Attorney General had submitted to Court that the petitioner cannot invoke the Court’s jurisdiction since the Secretary General of Parliament has performed his duties as per the judgment delivered by the Supreme Court, convicting Ramanayake for committing the offence of Contempt of Court.
Through this petition, Ramanayake stated that irreparable harm and damage will be caused to him unless interim relief is granted to the Petitioner inasmuch as he will be deprived of functioning as a Member of Parliament. The Petitioner stated that the People’s franchise would also be adversely affected if he is wrongfully prevented from functioning as a representative of his electorate.
Ramanayake alleged that Secretary General of Parliament has not taken any step in terms of section 64 (c) of the Parliamentary Elections Act in respect of Premalal Jayasekara who was elected as a Member of Parliament from the SLPP which is presently the governing party and he continues to sit and vote as a Member of Parliament despite his conviction and death sentence for the offence of murder.
He alleged that Secretary General of Parliament would be acting illegally, unlawfully, and inter alia in violation of Article 12(1) and Article 12(2) of the Constitution which guarantee the Petitioner the equal protection of the law and freedom from discrimination on the grounds of political opinion.
President’s Counsel Faiz Mustapha with M.A. Sumanthiran PC, Counsel Suren Fernando with Keerthi Thillekaratne under the instructions of Vidanapathirana Associates appeared for Ranjan Ramanayake.
Additional Solicitor General Indika Demuni de Silva with Senior State Counsel Awanthi Perera appeared for the Attorney General.
