Mt. Lavinia DC issues interim order restraining extension of Ranil’s term

By S.S. Selvanayagam

The District Court of Mount Lavinia yesterday (8) issued an interim injunction restraining the Working Committee of the main opposition UNP from giving effect to the purported amendments passed at the said committee meeting held on 19 July 2012.

District Court Judge K. Priyantha Fernando issued this interim order till 22 August against amendments to the party Constitution, thereby extending the UNP Leader’s term for six years by party’s Working Committee.

Farman Cassim with H.M. Siddik and Charaka Jayaratne instructed by Integrated Associates appeared for the Plaintiff Satendra Maithri Gunaratne, who is Southern Provincial Council Member of the UNP representing the Galle District.

Plaintiff cited UNP Leader Ranil Wickremesinghe, Deputy Leader Sajith Premadasa, Chairman Gamini Jayawickrema Perera, General Secretary Tissa Attanayake and the Working Committee members (altogether 85) as Defendants.

Plaintiff states the 1st Defendant Ranil Wickremesinghe was deemed elected as a Leader of the United National Party on 19 December 2011.

The 2nd Defendant Sajith Premadas was deemed elected as the Deputy Leader and 3rd Defendant Gamini Jayawickrema Perera as the Chairman and 4th Defendant Tissa Attanayake as the General Secretary of the United National Party on 19 December 2011.

The Plaintiff states that the Working Committee of UNP should consists of 92 members but so far only 85 members have been appointed and/or elected.

The Plaintiff states that the UNP and its members are bound by the rules and regulations that are laid down in its Constitution which have been amended from time to time for the better interest of the UNP and its members and to the country at large.

He states that in terms of Article 8 of the Constitution before the adoption of the new Constitution on 12 December 2010, the Leader of the Party was elected only when a vacancy arose.  

The Plaintiff states that the said a new constitution was adopted at the National Convention held on 12 December 2010.  

He states that in terms of the current Constitution, the Leader, the Deputy Leader, the Assistant Leader, the National Organiser, and the Chairman of the Party shall be elected by secret ballot when there is no consensus in terms of the Constitution.

He states that in any event the purported amendments made on 19 July 2012 by the Working Committee of the UNP are unconstitutional, illegal, unlawful and ab initio null and void law, inasmuch as the Working Committee of the UNP can only propose amendments to the Constitution and the Working Committee has no power and/or authority whatsoever to amend the Constitution on its own.

He contends that in any event, the Party Working Committee is under obligation under and in terms of the Constitution to convene the Annual Convention in the month of December each year which the 1st to 85th Defendants who are members of the Working Committee have failed and neglected to do so in the year 2011.