brand logo

Seeking to retain Parliamentary seat: Ranjan files writ in Court of Appeals 

03 Feb 2021

Samagi Jana Balawegaya MP Ranjan Ramanayake filed a writ of prohibition application before the Court of Appeal, seeking the issue of a writ of prohibition restraining and/or prohibiting the Parliament Secretary General from acting or taking steps on the basis that he has vacated his Parliamentary seat. Ramanayake has also prayed for the issue of an interim order until the final determination of this application.  The Parliament Secretary General and the Attorney General (AG) have been named as the first and second respondents in his petition (CA Writ Application Number 52/2021).  Ramanayake was, on 12 January, sentenced to four years of rigorous imprisonment by the Supreme Court (SC Rule 1/2018), after being convicted over contempt of court. The petition states that the AG had advised the Parliament Secretary General that Ramanayake had, by virtue of the aforementioned conviction and sentence, vacated his Parliamentary seat. The petitioner claims that the Secretary General of Parliament will take imminent ultra vires steps to inform the Election Commission and/or the Commissioner General of Elections of the vacation of his Parliamentary seat.  Citing Article 89(d) of the Constitution, which, dealing with the disqualification to be an elector/voter, holds that "if he is serving or has during the period of seven years immediately preceding, completed the serving of a sentence of imprisonment (by whatever name called) for a term not less than six months imposed after conviction by any court for an offence punishable with imprisonment for a term not less than two years or is under sentence of death or is serving or has during the period of seven years immediately preceding, completed the serving of a sentence of imprisonment for a term not less than six months awarded in lieu of the execution of such sentence" and Article 91 on disqualifications to be elected as a MP, the petitioner Ramanayake claims that conviction for contempt of court does not result in disqualification as a MP. He further notes that he has not been convicted for an offence for which the punishment prescribed in the law is not less than two years.  Article 105(3) of the Constitution states that the punishment for contempt of court shall be a term of imprisonment and/or fine, but does not specify the minimum and maximum term/amount.  “Article 89(d) applies only to offences for which the punishment is prescribed in a written law. The Secretary General of Parliament did not take any step concerning Sri Lanka Podujana Peramuna MP Premalal Jayasekara, who was convicted of murder and imposed the death sentence by a High Court,” the petition reads.  “Therefore, if the Secretary General of Parliament takes any such steps, he would be acting illegally and unlawfully, thereby violating the right to equal protection of the law {Article 12(1)} and freedom from discrimination on the grounds of political opinion {Article 12(2)}. Further, the people’s franchise would be adversely affected if the petitioner is wrongfully prevented from functioning as a representative of the Gampaha electorate.” Attorneys-at-Law Dinesh Vidanapathirana and Priyangika Jayawickrama are appearing on behalf of Ramanayake as the Vidanapathirana Associates.


More News..