Constitutionality of bid to remove MP monk can be challenged – EC Chairman

By Shamindra Ferdinando

Election Commission Chief Nimal Punchihewa says that National List MP Ven. Atureliye Rathana thera can move the Supreme Court against ‘Ape Jana Bala Pakshaya’ decision to remove him from Parliament.

Attorney-at-law Punchihewa said that Ven. Rathana could seek Supreme Court intervention within a month after Secretary General of Parliament Dhammika Dasanayake received a letter from the relevant political party informing him of their decision to remove a National List MP.

Responding to The Island queries, Punchihewa explained the Constitution barred the Secretary General from taking action for a period of one month. In case, the MP monk refrained from moving the court, the Secretary General could act according to the request made by the party, he said.

According to Punchihewa, ‘Ape Jana Bala Pakshaya’ has written to the Secretary General on 16 Oct with a copy to him. He said that he received a letter dated 15 Oct from that political party informing him of the decision to remove Ven. Rathana. “That letter has been copied to the Secretary General. I immediately advised the Secretary, Ape Jana Bala Pakshaya that the letter should be addressed to the Secretary General as he/she exercised the privilege to declare a vacant seat in Parliament,” lawyer Punchihewa said. “If a vacancy is created due to the resignation or removal of an MP, the Secretary General will have to bring it to our notice.”

Punchihewa served as the Director (Legal) of the EC prior to being appointed as its Chief. Punchihewa succeeded Mahinda Deshapriya. The Elections Chief explained that in case Ven Rathana thera challenged the party in court, the action sought by them would be stayed until the judiciary decided on the matter.

The new EC named on Dec 3, 2020 comprises S.B. Divaratne, M.M. Mohamad, K.P.P. Pathirana and J. Thyagarajah. President Gotabaya Rajapaksa appointed them for a five year term in terms of the 20th Amendment to the Constitution. However, Thyagarajah recently quit the EC to receive the appointment as Governor of the Northern Province.

Asked to explain the continuing crisis over the National List of ‘Ape Jana Bala Pakshaya,’ lawyer Punchihewa said that soon after the last parliamentary polls the then Secretary of that party, Wedinigama Wimalatissa thera wanted himself to be appointed the solitary National List member of the party.

Punchihewa said both Ven. Wimalatissa thera and Ven. Rathana thera battled for the seat. Some wanted Ven. Galagodaatte Gnanasara thera appointed as the National List MP of ‘Ape Jana Bala Pakshaya.’ However, Ven. Gnanasara couldn’t have been appointed as a person not in either a district list or a National List was automatically disqualified from receiving NL slot when original appointments were made, Punchihewa said.

Recalling Ven, Gnanasara thera had been on the rejected ‘Ape Jana Bala Pakshaya’ Kurunegala District list for the August 2020 general election, Punchihewa said that the EC was not aware of whatever the internal discussions regarding the appointment of Ven. Rathana, who contested the Gampaha district on ‘Ape Jana Bala Pakshaya’ ticket. The party failed to win a single seat though it repeatedly vowed to obtain over a dozen seats.

Ven. Rathana thera took oaths as an MP before Speaker Mahinda Yapa Abeywardena on January 05, 2021 after ‘Ape Jana Bala Pakshaya’ announced his appointment on Dec 18, 2020.

The Secretary General of Parliament didn’t answer his mobile phone.

Punchihewa acknowledged that two other National List appointments had been challenged in the Supreme Court. The EC Chairman was referring to public litigation activist Nagananda Kodituwakku complaining to the Supreme Court in respect of the appointment of UNP leader Ranil Wickremesinghe and Basil Rajapaksa on the respective National Lists of the UNP and the SLPP.

Of the 29 National List slots, the SLPP secured 17 seats whereas the UNP managed just one.

Ven. Rathana thera couldn’t be contacted yesterday afternoon.

Having first entered Parliament from the Kalutara district on the JHU ticket at the 2004 general election Ven. Rathana thera switched allegiance to the UPFA subsequently and entered parliament from the Gampaha district on the UPFA ticket at the 2010 general election. Ven. Thera aligned himself with the UNP ahead of the 2015 presidential election and secured a UNP National List slot at the August 2015 general election. Soon thereafter, the Ven thera switched his allegiance to the then President Maithripala Sirisena but ended up with ‘Ape Jana Bala Pakshaya’ at the August 2020 general election. That party hadn’t represented parliament, provincial councils or Local Government authorities at least on one occasion prior to 2020 general election.

Punchihewa said that he sincerely wished the New Constitution would ensure clear guidelines in respect of the appointment of National List members. There couldn’t be ambiguity in this regard, Punchihewa said, adding that the country couldn’t afford to allow controversies to undermine the public faith in the Constitution and the electoral system.