President’s Counsel Faizer Mustapha stated in the Supreme Court yesterday (12) that the decision taken by the Samagi Jana Balawegaya (SJB) to deprive Minister Manusha Nanayakkara of his Party membership is against the law. He said that neither the Party’s Disciplinary Committee nor the party leadership have the authority to revoke party membership. The President’s Counsel said this at the commencement of the hearing of petitions filed by Ministers Manusha Nanayakkara and Harin Fernando against the cancellation of their party membership.
The hearing of the petition commenced before the three-judge Bench of the Supreme Court consisting of Justices Vijith Malalgoda, Achala Vengappuli and Arjuna Obeysekera.
President’s Counsel Faizer Mustapha, who appeared for the petitioner, Minister Manusha Nanayakkara, stated that the Supreme Court’s recent decision upholding the removal of former Environment Minister Naseer Ahmed from the Sri Lanka Muslim Congress is not relevant to the incident related to this petition. He said that according to the constitution of the SJB, only its working committee has the power to remove a member from the party membership.
He also stated that neither the party’s disciplinary committee nor party leadership have the power to revoke membership in this manner. He said that when a member violates the party’s constitution, the party’s disciplinary committee is only tasked with filing charges and conducting investigations. He pointed out that he has been expelled from the party as per the notification of the party General Secretary and the approval of the party working committee had not been obtained.
He also pointed out that his client has obtained an injunction from the Colombo District Court against the suspension of his party membership. In spite of this, the decision taken by SJB to deprive Manusha Nanayakkara of his party membership was completely contrary to the party’s constitution, the President’s Counsel said. He also pointed out that it was an unfair and arbitrary decision.
After submission of those facts, the bench decided to adjourn further hearing on the petitions until October 24. The petitioners said that they later expressed their support for the government after being appointed as members of parliament from the SJB. The petitioners said further that they have received several letters from the General Secretary of the party since May 2022 stating that disciplinary action will be taken against them. It is stated in the petitions that the executive committee of the SJB has not appointed in accordance with the Party’s constitution.
It is also stated in the petitions that this has been pointed out in a petition filed in the Supreme Court against the cancellation of the party membership of State Minister Diana Gamage, who became a member of the National List of the SJB.
Nelka Medagedera