SC grants leave to appeal

Published : 8:26 am  May 16, 2017 | No comments so far |  |  (273) reads | 

By S.S. Selvanayagam  
The Supreme Court yesterday granted Galle District UPFA MP Geetha Kumarasinghe special leave to appeal with regard to her application seeking to set aside the Court of Appeal ruling disqualifying her parliamentary membership on the basis of being a dual citizen. 

DM_20170516_A001-188The SC Bench comprising Justices Eva Wanasundera, Upali Abeyratne and Anil Gooneratne, on a majority decision extended the interim stay order till the final determination of her application.  

Ms. Kumarasinghe filed the appeal last Tuesday.  

Romesh de Silva PC with Sugath Caldera appeared for Ms. Kumarasinghe while counsel J.C.Welamuna appeared for the petitioners — W.W.E. Buweneka, J.K. Amarawardhana, A.C. Gunasekera, J.K. Wijesinghe and Prasanna Deepthilal.   

Santhaka Jayasundera appeared for UPFA General Secretary Vishwa Warnapala, Senior Deputy Solicitor General Janak de Silva with Senior State Counsel Suren Gnanaraj appeared for the Controller of Immigration and Emigration and the Attorney General while Shanthaka Jayasundera appeared for the Secretary General of Parliament. 

The Court of Appeal on May 5 ruled that she was not entitled to hold the post of an MP
 as she had contested the election while being a dual citizen.  

Justice Preethi Padman Surasena with Justice Vijith Malalgoda (President) also directed the State to recover the monies spent for each of the days she attended Parliament knowing she was a dual citizen and as such disqualified to be a Member of Parliament.  

Five voters in the Galle District had filed the writ petition in the Court of Appeal requesting court to declare Ms. Kumarasinghe as being disqualified to be an MP as she was a dual citizenship holder.