Expulsion of Rathana Thera from Ape Janabala Party: SC reserves judgment

• Filing a expulsion petition in terms of Article 99(13) (a), Rathana Thera is further seeking a declaration that he has not ceased to be a Member of Parliament

By Lakmal Sooriyagoda  

The expulsion petition filed by Ven. Athuraliye Rathana Thera challenging the Ape Janabala Party’s decision to expel him from the party membership was yesterday reserved for judgment by the Supreme Court.

Accordingly, the Supreme Court would deliver its judgment regarding the case in due course. The parties in the petition were directed to file their written submissions within two weeks by Supreme Court three-judge-bench comprising Justices Buwaneka Aluwihare, Murdu Fernando and Janak de Silva.  
Filing an expulsion petition in terms of Article 99(13) (a), Rathana Thera is further seeking a declaration that he has not ceased to be a Member of Parliament.  

Rathana Thera has cited the Ape Janabala Party General Secretary, its Chairman, Chairman of Election Commission, members of Election Commission, Secretary General of the Parliament and several others as respondents.  

The Ape Janabala Party had earlier informed the Supreme Court that it has taken a decision to withdraw the letter issued expelling Ven. Athuraliye Rathana Thera from party membership.  

However, President’s Counsel Sanjeewa Jayawardena appearing on behalf of  Rathana Thera contended that he would proceed with the petition seeking a declaration that his client continues to be and remains as a Member of Parliament.  

The petitioner stated 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 the “Ape Jana Bala Pakshaya” had recommended, pursuant to an inquiry held on October 14 to expel the Petitioner from the party.  

Rathana Thera further said that the expulsion of the Petitioner from the Ape Janabala Pakshaya is unlawful, illegal, arbitrary, unreasonable and is of no force or avail in law.  

President’s Counsel Sanjeewa Jayawardena with Rukshan Senadheera appeared for the petitioner. President’s Counsel Farman Cassim appeared for the Ape Janabala Party. Deputy Solicitor General Awanthi Perera appeared for the Attorney General.