State Minister Diana Gamage today made a request from the Supreme Court to nominate a fuller bench comprising five Supreme Court judges to hear the expulsion petition filed challenging Samagi Jana Balawegaya’s (SJB) decision to expel her from party membership.
President’s Counsel Uditha Egalahewa, appearing for Diana Gamage, informed the Supreme Court that this request will be made through a motion taking into account the public importance of the petition and the outcome of recently delivered Supreme Court judgements.
However, President’s Counsel Faisz Mustapha, appearing for SJB leader Sajith Premadasa, raised objections to the request.
The Supreme Court three-judge bench, comprising Justices S. Thurairaja, Mahinda Samayawardena, and Arjuna Obeysekera, fixed the petition for argument on November 27.
In her petition, Diana Gamage said she has been expelled from the party membership following her decision to vote in favour of the 20th Amendment to the Constitution. The petitioner said she is not a member of the government but a Member of Parliament acting with independence and in accordance with her conscience as demanded by the SJB Party’s Constitution.
Diana Gamage has cited SJB General Secretary, its Chairman, Sajith Premadasa, Secretary General of Parliament, the Chairman of the Election Commission, members of the Election Commission, and several others as respondents.
The petitioner is also seeking a declaration that the decision to expel her from the SJB communicated to her via letter dated October 8, 2021, is made in violation of the constitution of the SJB. Gamage stated that the party decision to expel members was unlawful and contrary to natural justice.
She further seeks a declaration that the conduct of the purported disciplinary inquiry is in violation of natural justice and procedural properties, is thereby null and void, and has no force or avail in law.