Legal wrangle over appointment of UPFA nationalist MP

[TamilNet, Wednesday, 27 October 2004, 10:42 GMT]
Sri Lanka's Supreme Court (SC) granted special leave to Mr.Ratnasiri Wickremanayake, incumbent Deputy defence Minister and Buddha Sasana Minister, to proceed with his appeal against the decision of the Court of Appeal (CA) that it has jurisdiction to hear the Writ Application challenging his appointment as a MP of the UPFA National List. The SC further issued interim order staying the further proceedings in the Court of Appeal until its concludes the inquiry into the appeal by the aggrieved party, legal sources said.

Mr. Ratnasiri Wickremanayake filed the appeal in the SC challenging the CA order that the CA has no jurisdiction to hear the Writ Application because of the constitutional interpretation.

Constitutional Expert Mr.Rohan Edirisingha in his writ application filed in the CA challenged the appointment of Mr Wickremanayake from the national list of the UPFA as his name was not included in the original list that was submitted to the Commissioner General of Elections, legal sources said.

The petitioner asked the CA to issue a writ of Quo Warrantee declaring that the appointment of the Mr.Ratnasiri Wickremanayake was invalid and a Writ of Certiorari quashing the said appointment, and a Writ of Prohibition prohibiting the Commissioner of Elections from declaring that Mr Wickremanayake had been appointed as a MP, legal sources said.

At the inquiry held into the Writ Application in the Court of Appeal, Counsel for the petitioner Mr.Romesh de Silva submitted his objection that the CA has no jurisdiction to hear the application. But the CA held that it has jurisdiction to hear the application and decided to hear the Writ Application of Mr.Rohan Edirisingha, legal sources said.

Hence the petitioner Mr.Ratnasiri Wickremanayake filed an application in the Supreme Court for special leave to appeal against the decision of the Court of Appeal.

The application came up for inquiry Monday before a three-member bench of the Supreme Court comprising Chief Justice Mr.Sarath Silva, Justices T.B.Weerasuriya and N.K.Udalagama.

President's Counsel Mr.Romesh de Silva with Mr.Sugath Caldera and Ms Shantha Cooray appeared for Mr Wickremanayake and Mr.M.A.Sumanthiran appeared for Mr Edirisingha, legal sources said

The three-member bench of the SC having heard the legal submissions of both parties made interim order staying the decision of the Court of Appeal and also instructed the CA not to hold further proceedings in the Writ Application until the appeal by Mr Wickremanayake is disposed, legal sources said.

 

Latest 15 Reports
24.04.22 05:44  
தீவின் நெருக்கடிச் சூழலில் ஈழத்தமிழர் தேசம் கடைப்பிடிக்கவேண்டிய நிலைப்பாடுகள்
09.04.22 14:44   Photo
குறிதவறும் ஈழத்தமிழர் தலைமைகளுக்கு வரலாறு தருகின்ற எச்சரிக்கை
21.01.22 07:24   Photo
ஈழத்தமிழர் தேசத்தின் தலைமைத்துவம் தேர்தல் அரசியற் கட்சிகளுக்கு அப்பாலானது
02.11.21 15:32   Photo
13 ஆம் சட்டத்திருத்தத்தால் கட்டமைக்கப்பட்ட இன அழிப்பை எதிர்கொள்ள முடியுமா?
15.09.21 08:19  
English version not available
17.05.21 19:23   Photo
Ananthi blames war criminal Silva for blocking collective memorial at Mu'l'livaaykkaal
09.04.21 14:46  
English version not available
23.03.21 12:41   Photo
No focus on Tamil genocide, geopolitics gets played out in Geneva in favour of QUAD formation
21.03.21 13:34   Photo
Navi Pillay explains ‘human rights’ limitations in Geneva on Tamil genocide
15.03.21 20:36   Photo
Deceived Tamil activists in UK falsely claimed ‘substantial changes’ to Zero draft
09.03.21 21:34   Photo
UK repeatedly wronged Tamils says hunger-striker, demands genocide justice
26.02.21 11:53   Photo
Tamils witness false dilemma in Geneva as geopolitical formations pit against each other
19.02.21 14:02   Photo
UK not prepared to push for ICC option in new UNHRC Resolution
07.02.21 23:16   Photo
Unprecedented P2P uprising paves the way for rights-oriented politics of Tamils and Muslims
22.01.21 08:01   Photo
Gotabaya sets up deceptive COI citing ‘sovereignty’ and ‘non-aligned’ foreign policy
 
Find this article at:
http://www.tamilnet.com/art.html?catid=13&artid=13250