SRI LANKA: VEN DAMBARA AMILA THERO IMPUGNS ACTS OF PRESIDENT

Image: Ven Dambara Amila. ©s.deshapriya.

S.S. Selvanayagam.-29/11/2018

 

Nayake Thero Ven Dambara Amila attached to the Nalanda University College has filed a Fundamental Rights petition in the Supreme Court in relation to the acts of the President on the purported removal of Ranil Wickremesinghe from the office of the prime minister and the purported appointment of Mahinda Rajapaksa to the same.

In the petition filed through Moahan Balendra, he impugns that the purported removal of Wickremesinghe from the office of the prime minister is ultra vires (beyond his legal power or authority) and amounts to an intentional violation of the Constitution by the President.

He also charges that the purported appointment of Mahinda Rajapaksa as prime minister is ultra vires the Constitution by the President as well and amounts to an intentional violation of the Constitution by him in as much as there was no vacancy in the office of the prime minister for Rajapaksa to have been so appointed. He sustains that in any event, Mahinda Rajapaksa does not command the confidence of Parliament.

He contends it is manifest that the President and Mahinda Rajapaksa have acted collusively in the impugned acts, considering especially the failure to adhere to the constitutionally-mandated ‘no confidence’ procedure.

He also maintains the purported appointments of cabinet ministers, non-cabinet ministers and deputy ministers amounts is in violation of the Constitution and amounts to a violation of the sovereignty of the people and negates the franchise and freedom of expression.

He seeks declaration from the Court the purported removal of Wickremesinghe from the office of prime minister as well as the purported appointment of ministers is null and void (having no legal effect) and Mahinda Rajapaksa is not entitled to act in the office of prime minister.

FT