Written by Staff Writer
30 Nov, 2018 | 10:08 pm
Colombo (News 1st) – The Quo Warranto Writ petition filed by 120 Parliamentarians at the Court of Appeal was taken up today.
The petition that bore the signatures of 122 MPs from the United National Party, the JVP, Muslim Congress and the Tamil National alliance questioned the validity of the appointments of Prime Minister Mahinda Rajapaksa and the cabinet.
The petition was taken up before a bench comprising of President of the Court of Appeal Justice Preethi Padman Surasena and Justice Arjun Obeyasekara.
President’s Counsel S. Kanageswaran informed the Court of Appeal today at a time when two motions of no-confidence have been passed by a majority in Parliament against the new Prime Minister and Cabinet of Ministers, neither Prime Minister Mahinda Rajapaksa nor the Cabinet have legal or moral rights to continue to remain in their respective positions.
Presidents Counsel Gamini Marapana representing facts on behalf of Mahinda Rajapaksa stated that the Court of appeal had no legal right to take up the petition as petitions have been filed at the supreme court on certain facts related to this petition.
He pointed out that the supreme court had only issued an interim in-juncture against the gazette notification issued by the president dissolving parliament.
He added that convening of parliament on the 14th or after that is unlawful.
PC Marapana further noted that the No confidence motion passed after the suspension of standing orders in a parliament that convened in such an unlawful manner cannot be accepted.
His argument was that if a no-confidence motion or an Act is being passed, the specific number of votes for and against it must be clearly mentioned on the Hansard.
The PC noted that a voice vote is not a legal method of passing the said no-confidence motion.
PC Gamini Marapana requested the court of appeal to refrain from issuing an order until the hearing of the petitions at the supreme court concludes.
The Petition will be taken up again on the 3rd of December.
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