A writ petition has filed in Court of Appeal seeking a writ of quo warranto declaring Digamadulla district MP Dr. Thilak Rajapkshe as not entitled to hold office as a Member of Parliament.
It is alleged that Dr. Rajapkshe was a staff grade public officer at the time of signing his nomination papers to contest for the Parliamentary Election held last year.
When this petition came up before Court of Appeal two-judge-bench comprising Justice Arjuna Obeysekera (President) and Justice Mayadunne Corea, notices were issued on respondents returnable for May 17.
The Court of Appeal made this order pursuant to a writ petition filed by the Chief Prelate of Punchi Sigiriya Rajamaha Viharaya in Digamadulla Bambarane Saddhathissa Thera.
The Thera said the first respondent Dr.Thilak Rajapkshe was declared elected as a Member of Parliament from the Digamadulla district representing Sri Lanka Podujana Peramuna (SLPP) following the General Election held on August 5, 2020.
The petitioner stated that he exercised his vote at the General Election as an elector of Digamadulla district presuming that all candidates contesting the said election were duly qualified to be elected MP from the Digamadulla electoral district.
The petitioner said he subsequently became aware that Dr. Thilak Rajapkshe is a staff grade officer of the public service having served in the capacity of a medical doctor attached to the office of the Medical Officer of Health in Digamadulla.
The petitioner alleged that the first respondent at the time of signing his nomination paper and the holding of Parliamentary Election was a staff grade public officer. As such the respondent had contested the General Election and had been elected as a MP contrary to the laws.
The petitioner further stated that Dr. Rajapkshe is disqualified from being elected as a Member of Parliament in terms of Article 91 of the Constitution.
The petitioner said Dr.Rajapkshe being elected and continuing to hold office as a MP is ultra vires (beyond the powers) the Constitution and the Parliamentary Election Act.
President’s Counsel Faiz Mustapha with Counsel Hafeel Farisz appeared for the petitioner.
