"If President does not take proper decision ... may have to take legal action" -- President's Counsel Sumanthiran

"If President does not take proper decision ... may have to take legal action" -- President's Counsel Sumanthiran

Member of parliament, President's Counsel Mr. M.A. Sumanthiran states that President refuses to take any further action over the no faith motion passed against Prime Minister Mr. Mahinda Rajapaksa and his government ... legal action may have to be instituted. He states that a government cannot be carried on without a majority in parliament and Mr. Mahinda Rajapaksa with his MPs forcibly has acquired government power which is anti-democratic. He further said in connection with the tensed situation which flared up last 16th and the political state of crisis that has emerged within the country:

"All these incidents began last 26th. That was the day on which President Mr. Maithripala Sirisena appointed Mr. Mahinda Rajapaksa as the Prime Minister. Generally, if a person like that is appointed

as the Prime Minister, he should have a majority in parliament. But in this case, after he was appointed, parliament was postponed. Later it was dissolved. After a court order later when parliament was called on 14th, a no confidence motion was passed against Mahinda Rajapaksa and the government. Even on that day because of obstructions, the no faith motion was passed with a voice vote. Later when parliament convened on 15th, according to the judgement passed the previous date by Speaker, it was announced that there was no cabinet as such under clause 48 para (2).

Subsequently, the President met party leaders and informed that only the second paragraph could be passed and that the first paragraph cannot be accepted by him in which case he would act accordingly. The President's media unit has released this officially. It was on President's orders that steps were taken to pass only the second paragraph of the proposal once again, leaving out the first paragraph of the proposal on the 16th. Members of parliament laid a siege around Speaker's chair, preventing Speaker arriving at his parliamentary chair. However, the Speaker approached the House under protection of police and proceeded to suspend standing orders from that point and went on to pass the proposal by a voice vote informing that there is no faith on Mahinda Rajapaksa and the government. This was on 26th October.

According to the governing constitution and according to President's opinion a person who can win a majority in parliament could be appointed Prime Minister that way and the President may have had such an opinion. It is the parliament that decides whether that opinion is right or wrong. On that challenge when it was announced that 'we have no faith in a number of over 120', an attempt was launched to collect MPs and with promises of minister portfolios by offering bribes. Though some elements did go for it, the overall attempt ended in failure. It was for that reason the parliament was dissolved. It was against that that we went to courts and obtained an interim order saying that this was not right. I do not think that there was a situation like this in the parliament of our country. What we saw was an attempt of grabbing power by force by a person who just cannot show a majority. At the very moment when this proposal was passed last 14th, according to the law of the country the cabinet of the country too is abolished. It is very clearly stated in article 48 paragraph (2) of the constitution. While it is stated so, it was at the request of President that we brought up this proposal today also.

The President too should act according to this decision. After three no faith motions have been passed on three days, when it has been made to understand that there is no faith on Mahinda Rajapaksa and his government, they just cannot remain in their positions. President should take action to dismiss them from their positions soon. Right from the start from the date of October 26th we emphasised that these appointments and removals and procedures are against the constitution and has been carried out in an anti-democratic manner. This is the stand of Tamil National Alliance.

On the several meetings had with President, we emphasised about this to him. The President asked us to reverse our decision and asked us to be independent. We wish to say something ... we did not take a decision to support anyone. We stood up against the procedures adopted against the governing constitution and democracy", he said.