Supreme Court in landmark judgement affirms power of political parties to expel members

Colombo (News 1st) - A 3-judge bench of Sri Lanka's Supreme Court unanimously delivered a landmark judgement today (Friday) in which it affirmed the power of a political party to expel a member, thereby effectively ensuring his or her dismissal from Parliament.

"This is a historical judgement. This is a warning to any member of parliament who wanted to cross over for the purpose of obtaining ministerial portfolios," said Nizam Kariyapper, General Secretary of the SLMC.

Nazeer Ahamed, a Member of Parliament who was elected as a representative of the Sri Lanka Muslim Congress, and was Deputy Leader of the party, had challenged the decision of the party to expel him, which had been done on the grounds that he had voted for the 2022 Government Budget (Appropriation Bill) when the party had taken a decision to vote against it.

"This is a historic judgement in the sense that we've seen in the last several years - 20-25 years - that several MPs who crossed over to other parties have remained MPs because they have come to court and got judgements that their expulsion was invalid... This judgement is holding that if you violate party discipline, and cross over, then you lose your parliamentary seat," said M.A. Sumanthiram PC.

The bench comprised Justice Padman Surasena, Justice S. Thurairaja PC, and Justice Mahinda Samayawardhena. The justices wrote two separate judgements, both of which dismissed the case of the MP.
Justice Padman Surasena, in his judgement, with Justice S. Thurairaja PC agreeing, observed: "The Petitioner has pledged that he would be loyal to the Party; shall recognize honour and submit to the authority of the hierarchy of the Party; abide by and honour its decisions, rules, regulations, directives, policies of the Party as decided by the High Command. But the Petitioner has breached this solemn pledge..."

Justice Mahinda Samayawardhena, in his separate judgement, also dismissed the petition.

Sanjeeva Jayawardena PC with Ruwantha Cooray, Rukshan Senadheera and Punyajith Dunusinghe for the Petitioner. M. A. Sumanthiran PC with Viran Corea, Anne Kulanayagam and Divya Mascranghe for the 1st, 2nd, and 8th Respondents. Dr. Romesh de Silva PC with Niran Anketel for the 17th and 21st Respondents. Uditha Egalahewa PC with N. K. Ashokbharan for the 33rd Respondent. Kuvera de Zoysa PC with Pasindu Bandara for the 41st, 42nd and 45th Respondents. Indumini Randeny SC for the 92nd to 97th Respondents.