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Asian Tribune is published by World Institute For Asian Studies|Powered by WIAS Vol. 12 No. 2782

Expulsion of Tissa Attanayake from the membership of UNP invalid - The Supreme Court

Colombo, 06 May, (Asiantribune.com):

The Supreme Court yesterday declared that the expulsion of Parliamentarian Tissa Attanayake from the membership of the United National Party was invalid as the due process was not followed. The letter of expulsion conveyed to petitioner Attanayake was also declared invalid.

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The former UNP General Secretary who pledged support to then President Mahinda Rajapaksa ahead of the Presidential Election in January, was expelled from the party following a working committee decision.
Attanayake filed a petition before the Supreme Court on March 6 challenging the cancellation of his party membership by the UNP.

The Court said that no explanation had been called from Attanayake prior to the decision to expel him from the party and no proper inquiry held. There was no evidence to show that the matter had been placed before the Working Committee of the UNP. There had been an absolute violation of natural justice.

Any expulsion could be done according to the procedure and the law.

What mattered was not whether Attanayake would lose his post as General Secretary of the UNP. An unfair expulsion would make him unfairly lose his seat in Parliament, the bench held.

The Court had cited agreement with previous judgements of the court, where undue expulsions had been nullified.

M.U.M. Alisabry PC, appeared with Kaushalya Molligoda, and Ruwantha Cooray, instructed by Athula de Silva for MP Attanayake. Romesh de Silva PC appeared with Sugath Caldera instructed by Samararatne Associates for the UNP. First respondent Ronald Perera PC, appeared with Nalin Amarajeewa, instructed by Samararatne Associates for Ranil Wickremesinghe, the leader of the UNP also a respondent. Ikram Mohammed PC appeared for Kabir Hashim the present General Secretary of the UNP, also cited among the respondents.

Deputy Solicitor General, Indika Demuni de Silva appeared for the Attorney General.

The Judgement was by Justice Rohini Marasinghe with Justice Priyantha Jayewardene and Justice Buwaneka Aluwihara agreeing.

- Asian Tribune -

 Expulsion  of  Tissa Attanayake  from the membership of  UNP  invalid - The Supreme Court
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