The Supreme Court yesterday (29) fixed a date for the hearing of the appeal petition filed challenging the Court of Appeal decision to dismiss a writ petition which challenged the legality of State Minister Diana Gamage’s parliamentary seat.
The Supreme Court three-judge-bench comprising Justices S. Thurairaja, Shiran Goonaratne and Priyantha Fernando fixed the petition for support on January 8 next year.
Social activist Oshala Herath has filed this appeal in the Supreme Court seeking an order in the nature of a Writ of Quo Warranto declaring that Diana Gamage is disqualified to be a Member of Parliament and is thus not entitled to hold office as a Member of Parliament.
With Court of Appeal Justice K.K.A.V. Swarnadhipathi agreeing, President of the Court of Appeal Justice Nissanka Bandula Karunaratne on October 31, in his judgment held that the merits of the case do not warrant issuance of a writ order. Justice Karunaratne further observed that the petitioner had filed this petition without complying with the Supreme Court Rules.
However, in a separate judgment, Justice M.A.R. Marikar held that the petitioner has proved a prima facie (at first view) case against the State Minister as decided in the case of Geetha Kumarasinghe.
The Petitioner states that the President of the Court of Appeal together with Justice K. Swarnadipathi did not go into the merits of the application before the Court and instead upheld the preliminary objections taken by the State Minister at the time of argument.
The petitioner maintained that Diana Gamage at the time of signing her nomination papers and the holding of the 2020 General Electiond and taking oaths as a Member of Parliament and at all times material to the instant application was not a citizen of Sri Lanka. He further stated that she continues to hold office as a Member of Parliament without being a citizen of Sri Lanka.
Counsel Hafeel Farisz appeared for Oshala Herath.