SC fixes for support on May 24 for granting leave in case against Fonseka’s MP status

By S. S. Selvanayagam

 The Supreme Court fixed for support on May 24 both the fundamental rights petition as well as the Writ application which seeks to restrain or prevent Sarath Fonseka from functioning or assuming any position on the basis of being a Member of Parliament until the final determination of the Court.

 The Bench comprised Chief Justice K. Sripavan and Justice Sisira J. De Abrew.

 The Centre for Policy Alternatives and its Executive Director Dr. Pakiasothy Saravanamuttu in the petition contend that the purported nomination of Sarath Fonseka by the UNP General Secretary Kabir Hashim for the declaration as MP to fill the vacancy created by the demise of M. K. D. S. Gunawardhane through the National List of the UNP and subsequent steps taken to fill said vacancy are unconstitutional, illegal, arbitrary, irrational, grossly unreasonable , contrary to law, ultra vires, null and void.

 They cited UNP General Secretary, Sarath Fonseka, Speaker Karu Jayasuriya, Secretary General of Parliament Dhammika Dassanayake, Members of the Elections Commission and the Attorney General as Respondents.

 Viran Corea with Bhavani Fonseka, Luwie Ganeshathasan and Subhashini Samara Arachchi instructed by Moahan Belendra appeared for the Petitioners. Deputy Solicitor General Nerin Pulle appeared for the Attorney General. 

The Writ petition was filed by retired Army Officer and former Southern Provincial Councillor Ajith Prasanna challenging the appointment of Field Marshal Sarath Fonseka as a Member of Parliament.

The petitioner had sought an order in the nature of a Writ of Quo Warranto declaring that the Democratic Party leader Field Marshal Sarath Fonseka is disqualified and not entitled to be elected as a Member of Parliament of the United National Party and thus not entitled to hold office as a Member of Parliament.

Quo warranto (“by what warrant?”) is a prerogative writ  the person to whom it is directed to show what authority he has for exercising some right or power  he claims to hold.

The petitioner has cited MP Sarath Fonseka, UNP General Secretary Kabir Hashim, Elections Commission Chairman Mahinda Deshapriya and three others as respondents.

Thishya Weragoda appeared for the petitioner. Upul Jayasuriya appeared for Sarath Fonseka in both applications.