Court of Appeal Considers Preliminary Objections in Petition to Revoke Minister’s Parliamentary Seat

 

The Court of Appeal today reviewed preliminary objections raised by the Attorney General concerning a petition seeking to revoke the Parliamentary seat of Minister of Public Security, Ananda Wijepala.

The petition, filed by Renuka Perera, Administrative Secretary of the Sri Lanka Podujana Peramuna (SLPP), has led to a legal dispute before the Acting President of the Court of Appeal, Mohamed Lafar Tahir, and Justice K.M.S. Dissanayake.

Attorney General's Argument: Legal Oversight in the Petition

During the proceedings, the Additional Solicitor General, representing the Attorney General, argued that the petition was flawed due to the omission of key stakeholders as respondents. Notably, the President’s Chief of Staff, who is appointed by the President’s Secretary at the President’s direction, was not included in the petition.

The Additional Solicitor General emphasized that the absence of the President’s Secretary in the case was a significant legal error, rendering the petition invalid and hindering its progress. As a result, the Attorney General’s representative requested the petition be dismissed outright.

Minister Wijepala’s Counsel Challenges Court’s Jurisdiction

On the opposing side, Attorney Upul Kumarapperuma, representing Minister Wijepala, contended that the President personally appointed the Chief of Staff, and argued that this action could not be challenged through a writ petition in the Court of Appeal. He also questioned the court’s jurisdiction over the matter and urged dismissal on the grounds that it fell outside the court’s authority.

Petitioner's Counsel Clarifies Focus of the Challenge

Meanwhile, Attorney Vishva Perera, representing the petitioner, clarified that the challenge was not about the appointment of the Chief of Staff but rather Minister Wijepala’s eligibility to sit in Parliament and cast a vote. Perera stressed that the primary concern was whether the minister met the legal requirements to retain his parliamentary seat.

Court to Rule on Preliminary Objections

After considering the arguments, Acting President of the Court of Appeal Mohamed Lafar Tahir acknowledged the preliminary objections raised and indicated that a ruling on the matter was necessary before the case could proceed.

The court instructed all parties involved to submit written submissions on the objections by 18 March 2025, in order to facilitate a decision on whether the petition could move forward.