State Minister of Tourism Diana Gamage today raised preliminary objections against the writ petition filed seeking an order declaring that she is disqualified to be a Member of Parliament since she is a British citizen.
President’s Counsel Shavindra Fernando, appearing for Diana Gamage, raised objections, maintaining that a Writ of Quo Warranto should not be issued by the court when the facts relating to the petition are in dispute. Fernando told the court that his client is disputing the fact that she is a British citizen.
Counsel Hafeel Farisz, with Nishika Fonseka appearing for the petitioner, sought an earlier date owing to the urgent nature of the case. Meanwhile, Counsel Hafeel Farisz said he is expecting to reply to the preliminary objections on the next hearing date.
The Court of Appeal’s two-judge bench, comprising of Justice (President) Nissanka Bandula Karunaratne and Justice M.A.R. Marikkar, fixed the petition for further argument on March 9.
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 an 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.
President’s Counsel Farman Cassim appeared for Ranjith Madduma Bandara of the Samagi Jana Balawegaya.
