Ven. Athuraliye Rathana Thera today filed a petition seeking the intervention of the Supreme Court to declare that he has not ceased to be a Member of Parliament.
Filing an expulsion petition in terms of Article 99(13) (a), Rathana Thera seeks an order to set aside the Ape Janabala Party’s decision to expel him from party membership. He is also seeking a declaration that he continues to be and remains a Member of Parliament.
Rathana Thera has cited Ape Janabala Party General Secretary, its Chairman, Chairman of the Election Commission, members of the Election Commission, Secretary-General of Parliament and several others as respondents. The petitioner states that he received a telephone call from the Election Commission on October 15, 2021stating that the General Secretary of the Ape Janabala Pakshaya, had sent a letter to the Chairman of the Election Commission, informing 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 decided to expel him from the membership of “Ape Jana Bala Pakshaya”, with effect from October 14. The Petitioner further states that party General Secretary had, by way of letter dated 16th of October 2021, informed the Secretary-General of the Parliament, that he has been expelled from the Ape Janabala Pakshaya, with effect from October 14 and informed him, therefore, that the membership of the petitioner in Parliament becomes vacant, under Article 99(13) of the Constitution.
The applicant states that the expulsion of the applicant from the Ape Janabala Pakshaya is unlawful, illegal, arbitrary, unreasonable and is of no force or avail in law.
