It is alleged that Dr Rajapkshe was a staff grade public officer at the time of signing his nomination paper for the Parliamentary Election held last year.
When this petition came up before the Court of Appeal two-judge-bench comprising Justice (President) Arjuna Obeysekera and Justice Mayadunne Corea, notices were issued on respondents’ returnable for May 17.
The Court of Appeal made this order following a writ petition filed by the Chief prelate of Punchi Sigiriya Rajamaha Viharaya in Digamadulla Bambarane Saddhathissa Thera.
The petitioner said the first respondent Thilak Rajapkshe was declared elected as a Member of Parliament from Digamadulla district representing Sri Lanka Podujana Peramuna (SLPP) following the General Election held on the 5th of August, 2020.
The petitioner stated that he exercised his vote at the General Election as an elector of Digamadulla district presuming that all candidates contesting the said election were duly qualified to be elected from Digamadulla electoral district.
The petitioner said he subsequently became aware that Dr Thilak Rajapkshe is a staff grade officer of the public service having served in the capacity of a Medical Doctor attached to the Office of the Medical Officer of Health- Digamadulla.
The petitioner alleged that the first respondent at the time of signing his nomination paper and the holding of Parliamentary Election was a staff grade public officer. As such the respondent had contested the General Election and had been elected as an MP contrary to the laws.
The petitioner further stated that Dr Rajapkshe is disqualified from being elected as a Member of Parliament in terms of Article 91 of the Constitution.
The petitioner said Dr Rajapkshe being elected and continuing to hold office as an MP ultra vires (beyond the powers) the constitution and the Parliamentary Election Act.
