The Parliament seats of Ministers Harin Fernando and Manusha Nanayakkara are hanging in the balance with the Supreme Court commencing hearings today into the decision taken by the Samagi Jana Balawegaya (SJB) to sack them.
The two Ministers had challenged the decision taken by the SJB to remove them from the party and disqualify them of their Parliamentary seats.
The case, which began at the Supreme Court today was later fixed for further hearing on 24 October.
President’s Counsel Faiszer Musthapha, who appeared in court on behalf of Minister Manusha Nanayakkara, said that under the SJB constitution only the Working Committee of the SJB can remove a member and not the party leader or the disciplinary committee.
Musthapha had also told court that the recent ruling supporting the decision taken by the Sri Lanka Muslim Congress to sack Minister Naseer Ahamed from the party was irrelevant to this case.
The Supreme Court delivered a landmark ruling recently determining that the decision taken by the Sri Lanka Muslim Congress to sack Minister Naseer Ahamed from the party was valid.
Ahamed had had filed a petition before the Supreme Court challenging the decision to suspend his party membership.
However, the bench comprising Justice Padman Surasena, Justice S. Thurairaja PC, and Justice Mahinda Samayawardhena, ruled that the decision taken by the SLMC to remove the Minister was legal.
Justice Padman Surasena, in his judgement, with Justice S. Thurairaja PC agreeing, observed that the Petitioner had pledged that he would be loyal to the Party, shall recognize honour and submit to the authority of the hierarchy of the Party, and abide by and honour the decisions, rules, regulations, directives, and policies of the Party as decided by the SLMC High Command.
However, it was determined that the Petitioner had breached this solemn pledge.
Former State Minister Ali Zahir Moulana Seiyad is to replace Naseer Ahamed in Parliament from the Sri Lanka Muslim Congress. (Colombo Gazette)
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