SC grants leave to appeal; Stays CA order on Geetha

By S. S. Selvanayagam

The Supreme Court yesterday (15) granted Special Leave to Appeal with the application filed by Galle District UPFA Parliamentarian Geetha Kumarasinghe seeking to set aside the judgment of the Court of Appeal which disqualified her as a Member of Parliament on her impugned dual citizenship.

In the majority decision of the Bench comprising Justices Eva Wanasundera, Upaly Abeyrathne and Anil Gooneratne, the Court extended the Interim Order staying till final determination the operation of the Court of Appeal judgment.

Galle District UPFA Parliamentarian Geetha Kumarasinghe last Tuesday (9) filed an appeal in the Supreme Court against the judgment of the Court of Appeal annulling her Parliamentary membership over her dual citizenship.

Romesh de Silva PC with Sugath Caldera appeared for the Respondent-Appellant Geetha Kumarasinghe.

JC.Welamuna appeared for the Petitioner- Respondents W. W. E. Buweneka, J. K. Amarawardhana, A. C. Gunasekera, J. K. Wijesinghe and Prasanna Deepthilal.

Santhaka Jayasundera appeared for Respondent-Respondent UPFA Secretary Prof. Vishwa Warnapala. SeniorDeputy Solicitor General  Janak de Silva, while Senior State Counsel Suren Gnanaraj appeared for Respondent-Respondents the Controller of Immigration & Emigration, and the Attorney General. Shanthaka Jayasundera appeared for the Secretary General of Parliament

Court of Appeal on 5 May ruled that Kumarasinghe is not entitled to hold the post of a Member of Parliament as she had contested the election while being a dual citizen.

Justice Preethi Padman Surasena with Justice Vijith Malalgoda (President/CA ) agreeing also directed the State to recover the cost from her as the debt to the State for the each day she sat in the Parliament knowing that she was being a dual citizen and being disqualified to be a member of Parliament.

The Attorney General had informed the Court of Appeal that Geetha Kumarasinghe MP was still a citizen of Switzerland and according to the 19th Amendment to the Constitution, a person who has dual citizenship cannot be a Member of Parliament.

Senior Deputy Solicitor General Janak De Silva had also informed Court of Appeal that, according to clause 91(1) of the Constitution, she was not entitled to Parliamentary privileges and could not be a Member of Parliament.

The Appeal Court held that Kumarasinghe could no longer function as a Member of Parliament as she had contested the general election while bearing dual citizenship.

Under the constitution of Sri Lanka, no person can be elected to the parliament if they hold dual citizenship.

Five voters of the Galle district had filed the Writ petition in the Court of Appeal requesting court to declare Kumarasinghe is ineligible to remain as a parliamentarian while holding a dual citizenship.

Petitioners in their Writ application challenges her appointment and/or election as the Member of Parliament.

The petitioners had accused the appointment / election of Geetha Kumarasinghe to office of Member of Parliament contending that she is not de jure (legally) entitled to such appointment and/or election and holding the said office without authority.

The petitioners had also stated that Geetha Kumarasinghe contested the 2015 parliamentary election without divulging her dual citizenship at the time of submitting her nomination.

By virtue of the Constitution, the petitioners said, she is not qualified to be elected as a Member of Parliament and charged that she is thus a usurper of the authority of a Member of Parliament.

They petitioners sought the Court of Appeal to issue a prerogative Writ Order requiring her to show by what authority she  claims to hold office as a Member of Parliament and an another Order declaring that she is disqualified to be a Member of Parliament and thus not entitled to hold office as Member of Parliament.