A writ petition filed seeking an order declaring State Minister of Tourism Diana Gamage is disqualified to be a Member of Parliament since she is a British citizen was fixed for argument yesterday by the Court of Appeal.
The Court of Appeal’s two-judge bench, comprised of Justice (President) Nissanka Bandula Karunaratne and Justice M.A.R. Marikkar, fixed the petition for argument on April 3.
The parties were directed to file their written submissions regarding the preliminary objections raised by Diana Gamage before 27th of March.
Social activist Oshala Herath filed this petition, seeking an order in the nature of a Writ of Quo Warranto declaring that Diana Gamage is disqualified to be a Member of Parliament and is thus not entitled to hold office as an MP.
In this case, the petitioner claimed that State Minister Diana Gamage is a British citizen, and only a British citizen can hold a British passport. The petitioner maintained that by virtue of becoming a citizen of another country, Parliamentarian Diana Gamage ceased to be a Sri Lankan citizen. The petitioner said Diana Gamage has not obtained dual citizenship or any other form of citizenship in Sri Lanka.
The petitioner further said Diana Gamage is disqualified from election as a MP or from sitting and voting in Parliament under and in terms of Article 91 read with Article 89 and Article 90 of the Constitution of Sri Lanka.
Counsel Hafeel Farisz and Nishika Fonseka appeared for the petitioner. President’s Counsel Shavindra Fernando appeared for Diana Gamage. President’s Counsel Farman Cassim appeared for Ranjith Madduma Bandara of the Samagi Jana Balawegaya.
