Appeal Court quashes JVP decision to expel member

By T. Farook Thajudeen

The Court of Appeal quashed the decision taken by JVP leadership to expel JVP Western Provincial Councilor Waruna Deeptha Rajapakshe from the JVP, thus declaring that the petitioner has not ceased to be a member of the Western Provincial Council and that he will continue to be a member of the Western Province Provincial Council

The Appeal Court judges Sisira de Abrew, Anil Gooneratne and A.W.A. Salam came to this decision after considering the submissions made by Counsel Saliya Pieris who appeared with Asthka Devendra, Nuwan Bopage and Sunali Jayasuriya, instructed by Sanath Wijewardena for the petitioner Waruna Deeptha Rajapaksa and on the submissions made by Wijedasa Rajapaksa PC with Rasika Dissanayake on behalf of the JVP, its leader Somawansa Amarasinghe, Secretary Tilvin Silva and 26 other Central Committee members of JVP.

The Court adverted on the decision challenged in this case – that is that the decision to expel the petitioner from the party was wrong as it had not been made in compliance with the constitution of the party.

Chapter 10(iii) of the constitution of the JVP (P1) provides that the disciplinary committee must inform the members who allegedly violate the discipline of the party the place, date and time of the inquiry.

Further, according to chapter 10 (iv) of the constitution of the JVP, the members who allegedly violate discipline of the party must be given an opportunity to appear before the disciplinary committee and submit their explanation.

According to material submitted to this court, the disciplinary committee has not complied with the provisions of constitution of the JVP. Therefore, it was held that the decision by the central committee of the JVP to expel the petitioner is wrong and should be set aside

The court quashed the decision to expel the petitioner from the JVP which was communicated by a letter dated 12.3.2012 and declared that the petitioner has not ceased to be a member of the Western Provincial Council and therefore will continue to be a member of the Western Provincial Council.