SC determines Minister Ahamed’s expulsion from SLMC valid

The Supreme Court, in its ruling on Friday, deemed the Sri Lanka Muslim Congress’s (SLMC) decision to expel Environment Minister Naseer Ahamed from the party as valid and lawful.

Minister Ahamed challenged before the SC the SLMC’s suspension of his party membership.The Supreme Court bench, comprising three judges and presided over by Justice Preethi Padman Surasena, considered the petition submitted by Minister Ahamed and subsequently upheld the SLMC’s expulsion decision. In their determination, the judges held that there were no grounds for

intervention in the party’s choice to expel petitioner Naseer Ahamed from party membership. The application brought forward by the petitioner was summarily dismissed, and no costs were awarded.

The SLMC’s decision to expel Environment Minister Naseer Ahamed came after he had voted in favour of the budget during the Third Reading on December 10, 2021. The SLMC’s High Command had unanimously resolved to revoke the petitioner’s party membership in response to this action.

Sanjeeva Jayawardena PC, assisted by Ruwantha Cooray, Rukshan Senadheera, and Punyajith Dunusinghe appeared for Ahamed.M. A. Sumanthiran PC, supported by Viran Corea, Anne Kulanayagam, and Divya Mascranghe, represented the SLMC.

SLMC Secretary General Nizam Kariyapar, commented on the Supreme Court’s determination, emphasizing its significance as a stern warning to politicians who might switch parties in pursuit of ministerial positions. Kariyapar stated, “The Supreme Court’s decision that my letter expelling him from the party, who had obtained ministerial positions, was fair and valid is historic, because this is a big warning for those who will switch parties for minister posts.”

TNA MP M.A. Sumanthiran PC hailed the unanimous decision by the three judges, highlighting its historical importance. He noted, “This is a historic decision. For 20 to 25 years, decisions in such cases were given to the other side…”

Following the Supreme Court’s ruling, Environment Minister Ahamed’s position as an MP is in jeopardy.

Parliament’s Serjeant-at-arms, Narendra Fernando, indicated that such a judgment typically caused the members concerned to be unseated. However, he added that the relevant decision was currently under review, and a final determination would be made regarding the minister’s status as an MP.

Parliamentary sources said that Ali Zaheer Maulana might replace Minister Ahamed if the latter loses his parliamentary seat. Ali Zaheer Maulana garnered the next highest number of votes in the Batticaloa district during the last general election.