General Sarath Fonseka filed a Writ application in the Court of Appeal seeking a Court Order to enable him to sit and vote in Parliament and exercise his powers, privileges and immunities as a Parliamentarian.
He cited the following as respondents: Former Parliament Secretary General Dammika Kitulgoda, former Elections Commissioner Dayananda Dissanayake, Parliament Secretary General Dhammika Disanayake, Elections Commissioner Mahinda Deshapriya, Returning Officer H.T. Kamal Padmasiri, Lakshman Nipunaarachchi, Jayantha Ketagoda and the Attorney General.
General Fonseka is also seeking a declaration from the Court that 7th Respondent Jayantha Ketagoda’s claim as a Parliamentarian was null and void and that he was not entitled in law to hold office as a parliamentarian for the electoral district of Colombo.
The petitioner states that he is the leader of Democratic National Alliance (DNA) and was elected as a parliamentarian for the Colombo electoral district in the General Elections held in April 2010.
He alleged that in February 2010, in pursuance of a scheme to politically victimise him, he was charged before two General Court Martials and also indicted in the Colombo High Court and that on August 13, 2010, he was found guilty by the 1st Court Martial and cashiered from the Army while on September 17, 2010, he was found guilty by the 2nd Court Martial and sentenced to 30 months of rigorous imprisonment. He was also convicted by the High Court and sentenced to three years imprisonment.
The petitioner states that the former Secretary General of Parliament informed the former Elections’ Commissioner that the petitioner’s seat as a parliamentarian had fallen vacant and on this basis, the 6th respondent Lakshman Nipunaarachchi had been declared elected to Parliament. But he had absented himself from Parliament sitting continuously for three months without obtaining leave.(S.S. Selvanaygam)