The Supreme Court today held that the Ape Janabala Party’s decision to expel Ven. Athuraliye Rathana from its membership is not valid in law.
With this Supreme Court judgement, there is no legal impediment for Rathana Thera to function as a Member of Parliament following his expulsion from party membership.
The Supreme Court three-judge bench, comprising Justices Buwaneka Aluwihare, Murdu Fernando, and Janak de Silva, held that the decision to expel the petitioner from the membership of ‘Ape Janabala Pakshaya on a purported decision of the Disciplinary Committee is ex-facie illegal.
President’s Counsel Sanjeewa Jayawardena and Rukshan Senadheera appeared for the petitioner. President’s Counsel Farman Cassim appeared for the Ape Janabala Party.
Counsel Nilshantha Sirimanne and Deshara Goonetilleke appeared for the 11th respondent. Deputy Solicitor General Avanti Perera appeared for the Attorney General.