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By T. Farook Thajudeen
The Colombo District Court yesterday restrained the UNP Leader, its Secretary and their agents until 12 January from taking any disciplinary action against UNP Parliamentarian Condagamage Mohan Lal Grero on the grounds of speaking and voting in favour of the budget or from taking any further action against Grero on the undated letter of resignation obtained from him by the UNP leadership.
Colombo District Judge W.R.R.N. Watupola issued this enjoining order which is in force until January 12 on considering the submissions made by Counsel Faizer Mushafa who appeared on behalf of the plaintiff Mohan Lal Grero.
He submitted that the plaintiff is a member of the Parliament and the first defendants Ranil Wickremesinghe is the leader of the UNP in terms of Parliamentary Elections Act. He said the UNP had amended the Constitution on 12 the December 2010.
However it had not been communicated to the Commissioner of elections in terms of Section 8 (2) of the Parliamentary election amended Act. No 1 of 1981.
The counsel said on 30 November at the second reading of the budget acting with his conscience and his rights under the Constitution as a Member of Parliament voted for the budget in favour of the government.
Thereafter on 6 December the plaintiff received a letter dated 5 December by Ranil Wickremesinghe that his membership was temporarily suspended until next working committee meeting and to show cause if necessary in writing to the second defendant.
The counsel contended that the allegations are false and malicious. The plaintiff is a MP and in terms of the constitution it is within the plaintiff’s legal rights to vote in favour of the second reading of the budget.
He also said that the working committee meeting was held on 7 December effectively leaving no sufficient time for the plaintiff to show cause.
The plaintiff claim that the defendants would wrongfully and illegally violate his rights as a member of Parliament by taking disciplinary action without any legal rights.
He sought the court’s intervention in preventing the UNP leadership from taking any disciplinary action against him or from taking any action based on the letter of resignation given by him to Wickremesinghe.