By T.Farook Thajudeen
Colombo District Court yesterday issued a notice of interim injunction on the Secretary of the UPFA to file objections for the petition filed by the Akuressa Pradeshiya Sabha Chairman claiming a restraining order over a purported removal of him from UPFA membership and Akuressa Pradeshiya Sabha Chairmanship.
President Counsel S.A.Parathalingham appearing with Farman Cassim instructed by Attorney –at –aw Sandun S.K.Gamage for the petitioner Saruwa Liyanage Sunil of “Sapatha” Polosmeeriya , Maramba, Akuressa submitted that the plaintiff is a member of the SLFP since January 2011.
The plaintiff contested the Akuressa Pardeshiya Sabha Election in 2011 under the UPFA ticket and topped the Pradeshiya Sabha list thus elected as the chairman to the Akuressa Pradeshiya Sabha.
The plaintiff’s Counsel stated that on July 04, 2012 his client was taken into remand custody upon a complaint of alleged rape. The counsel contended that the complaint is false and also had been made at the instigation of several persons who desire to bring plaintiff’s political carrier to an end.
He claimed that the Secretary of the United Peoples freedom Alliance by letter dated July 25 had informed the plaintiff that he was removed from UPFA membership and accordingly the plaintiff was removed as a member of the Pradeshiya Sabha of Akuressa.
The Counsel submitted that copies of the letter of removal had been sent to the Returning Officer of Akuressa Pradeshiya Sabha, Commissioner of Elections and General Secretary of SLFP.
The Counsel said that there is an imminent threat that the Commissioner of Elections and the Returning Officer of the Akuressa Pradeshiya Sabha would initiate steps to remove the plaintiff as the member and chairman of the Akuressa Pradesyiya Sabha Illegally, unlawfully and arbitrarily.
The Counsel claimed that the letter of removal sent to his client is no force or avail in law as the decision to remove the plaintiff was taken without giving the plaintiff any opportunity to show cause with regards the complaints made against the plaintiff, which is the subject matter of the Magistrate Court case No BR 1905
He further state that no charge had been yet framed against the plaint in that case.
The Counsel also contended that the letter of removal sent to the plaintiff is in contravention and in violation of all rules and norms of natural justice. He said the letter is flawed in law and null and void.
The Counsel further stated that the defendant by letter dated July 25 had removed W.G.Sampath Chandra Pushpa and Munidasa Gamage from UPFA membership .
However the by letters dated July 29 and 31 those removals were withdrawn.
The Counsel moved for a declaration that the letter dated July 25 is null and void and no avail in law. For a permanent injunction restraining the defendant giving effect to the letter of removal of the plaintiff and for an enjoining and interim injunction restraining the defendant from removing the plaintiff from party membership and chairmanship of Akuressa Pradeshiya Sabha until the hearing of the case.
District Judge Pradeep Jayathilaka observed that since the UPFA Secretary had already withdrawn the two letters send to the members of the UPFA, there is a possibility to withdraw the letter of removal sent to the plaintiff.
The Judge issued a notice of interim injunction on the Secretary A. .D. Susil Premajayantha of UPFA to file objections on August 28.