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UNP objections upheld; Court of Appeal dismisses ex-member’s petition against expulsion
View(s):The Court of Appeal dismissed a writ application by a former United National Party (UNP) member challenging his expulsion from the party without issuing formal notice on the basis of preliminary objections raised by the party’s senior counsel.
Some forty (40) similar petitions were also dismissed as parties agreed to abide by the decision of the court in the matter filed by Gampola Urban Council Chariman Anura Sampath Kumara who was expelled by the UNP for contesting the last general election in August 2020 as a member of the breakaway Samagi Jana Balavegaya (SJB).
When this case was taken up for argument, Ronald Perera, PC, Senior Counsel appearing for the UNP, raised preliminary objections that the entire Working Committee of the UNP was not made a party to this application; no prerogative writ lies against decisions of the UNP Working Committee; and the Returning Officer of the Gampola UC exercises only a ministerial duty and therefore no prerogative writ lies against his decision accepting the UNP decision to expel the Petitioner from the party and to gazette that a vacancy has arisen in the membership of the Gampola UC.
On Friday, Court of Appeal President Justice Arjuna Obeysekera and Justice Mayadunna Corea upheld the preliminary objections raised on behalf of the UNP and dismissed the petitioner’s application without costs.
Mr. Faiz Musthapha PC, with Thisath Wijeguneratne, Farman Cassim PC, B. Siriwardena & Gehan Liyanage appeared for the petitioners.
Mr. Ronald Perera PC with Naomal Pelpola, Eraj de Silva & Dinesh Vidanapathirana appeared for the UNP.
Ms. Nayomi Kahawita, Senior State Counsel, appeared for the Returning Officer.