SC rules Ven. Rathana’s expulsion from his party contrary to law

By AJA Abeynayake

National List MP Athuraliye Rathana Thero of the Ape Jana Bala Pakshaya Friday won a determination from a three-judge bench of the Supreme Court accepting his averment that his party’s decision to cancel his membership was contrary to law. Thus Ven. Rathana will retain his seat in parliament.

This judgment ws delivered by a bench comprising Justices Buveneka Aluvihare, Murdu Fernando and Janak de Silva.Ven. Rathana voted for the Colombo Port Economic Commission Bill on his own discretion contrary to his party’s decision to oppose it. This resulted in the cancellation of his party membership which was communicated to the National Election Commission and to Parliament by the party.

The Ven. Thera sought a SC determination that his party’s decision was contrary to law and won his case.

Friday’s SC judgment comes in the backdrop of a decision by another SC bench that the expulsion of Minister Nazeer Ahamed of the Sri Lanka Muslim Congress was lawful. Ahamed consequently lost his parliamentary seat and vacancy has been filled by Ali Zaheer Moulana, the next on the SLMC preferential list.

Two other cases filed by Ministers Harin Fernando and Manusha Nanayakkara, elected on the SJB ticket and expelled from their party following their joining the government is now before the SC. The expulsion from the party endangers their membership of Parliament.