The Court of Appeal today issued formal notices on the Respondents in the Writ of Quo Warranto Application filed against MP Archchuna Ramanathan.
The Court of Appeal bench comprising Justice Mayadunne Corea and Justice Mahen Gopallawa today heard submissions by the Counsel for Archchuna Ramanathan, resisting the issuance of formal notices and interim relief.
The MP’s Counsel submitted that as Dr. Archchuna was interdicted without pay, he would not fall under the definition of a public officer. He also contended that the judgment in Dilan Perera v. Rajitha Senaratne was decided per incuriam. He further submitted that the court should not go against the wishes of about 25,000 voters who elected MP Archchuna, urging the Court not to issue formal notices and dismiss the matter.
Responding to the submissions, N.K. Ashokbharan, the Counsel who appeared for the Petitioner, submitted that it is not correct to say that MP Archchuna is not a public officer merely on the ground that he is interdicted without pay.
Pointing out that the MP holds a paid office, has not resigned, and nor is he sacked from public service, he said, hence, he falls under the definition of public officer, and thereby is disqualified.
The Counsel further said that the interpretation given by the Counsel for the 1st Respondent is absurd in light of the constitution and the provisions pertaining to the powers of the PSC. He contended that there is no merit in the 25,000 votes submissions because Geetha Kumarasinghe who received over 63,000 votes lost her seat as she was disqualified.
After the conclusion of all the submissions, the Court of Appeal decided to issue formal notices on the Respondents. However, the Court of Appeal did not grant interim reliefs on the basis that the interim reliefs prayed for is tantamount to the final reliefs prayed by the Petitioner.
The matter has been adjourned for notice returnable on 1st August 2025.
N.K.Ashokbharan with Shenal Fernando appeared for the Petitioner, Oshala Herath, while Senani Dayaratne with Nishadi Wickramasinghe appeared for MP Archchuna Ramanathan. ASG Sumathi Dharmawardhana PC appeared for the State parties. (Newswire)
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