The petition filed by Ven. Athuraliye Rathana Thera challenging Ape Janabala Party’s decision to expel him from the party membership was today reserved for judgement by the Supreme Court.
Accordingly, the Supreme Court will deliver its judgement regarding this case in due course. The parties in the petition were directed to file their written submissions within two weeks by the Supreme Court three-judge bench comprising Justices Buwaneka Aluwihare, Murdu Fernando, and Janak de Silva.
Rathana Thera is also seeking a declaration that he is still a member of Parliament.
Rathana Thera has cited Ape Janabala Party General Secretary, its Chairman, the Chairman of the Election Commission, members of the Election Commission, the Secretary General of Parliament and several others as respondents.
The Ape Janabala Party had earlier informed the Supreme Court that it had taken a decision to withdraw the letter issued expelling Ven. Athuraliye Rathana Thera from party membership.
However, President’s Counsel Sanjeewa Jayawardena, appearing on behalf of Rathana Thera, contended that he would proceed with the petition seeking a declaration that his client continues to be and remains as a Member of Parliament.
The petitioner stated that he received a telephone call from the Election Commission on October 15, 2021, stating that the General Secretary of the Ape Janabala Pakshaya had sent a letter to the Chairman of the Election Commission, informing him that a disciplinary committee of “Ape Jana Bala Pakshaya” had recommended, pursuant to an inquiry held on October 14, to expel the petitioner from the party.
The petitioner said he was informed that the Chairman of the Party, the Political Committee and the Central Working Committee of the Party had unanimously decided to agree with the said recommendation and apparently decided to expel him from the membership of “Ape Jana Bala Pakshaya”, with effect from October 14. The petitioner further states that the party General Secretary had, by way of a letter dated October 16, 2021, informed the Secretary General of Parliament that he was expelled from the Ape Janabala Pakshaya, with effect from October 14, and informed him, therefore, that the membership of the petitioner in Parliament had become vacant under Article 99(13) of the Constitution.
