The Supreme Court decided yesterday (13) that Ape Jana Bala Party’s decision to revoke the party membership of MP Ven. Athuraliye Rathana Thera was illegal. Accordingly, the Party’s decision
to sack Ratana Thera from the party was invalidated.
This was decided after hearing a petition filed by Ven.Athuraliye Rathana Thera against revoking his party membership.
This judgement was given by Supreme Court Judge Bhuvaneka Aluvihare with the full agreement of the Supreme Court Judges Janak de Silva and Murdu Fernando.
In a letter issued on October 2021, the Disciplinary Committee of Ape Jana Bala Party informed that the party had decided to revoke the party membership of the petitioner Ven. Athuraliye Rathana Thera.
However, as the chairman of the organization called “Vijayadharani National Assembly,” Rathana Thera has a memorandum of understanding with Ape Jana Bala Party.
In the hearing of the petition, it was submitted to the court that the Disciplinary Committee of Ape Jana Bala Party has no legal authority to take disciplinary action against the petitioner Rathana Thera according to the MoU.
Court accepted the facts presented by the President’s Counsel Sanjeeva Jayawardena, who appeared on behalf of Athuraliye Ratana Thera.
Accordingly, the decision taken by Ape Jana Bala Party to expel Athuraliye Rathana Thera from the membership of the party was ruled by the bench as a move against the law.
Ape Jana Bala Party’s General Secretary Nishantha Ratnayake, the party’s President Saman Perera, the chairman of the Election Commission and its four members, the Commissioner General of the Election Commission and the Secretary General of Parliament were named as the respondents of the petition.
As the party chaired by the petitioner could not be registered before the election, a memorandum of understanding was signed between the petitioner’s party and Ape Jan Bala Party.
Then the general secretary of the party informed the Election Commission that the petitioner had been removed from the membership of Ape Jana Bala Party.
This petition was filed against it.The hearing of the petition was completed in September last year.
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