Realising imminent victory of Mahinda, Sirisena pushes country into a constitutional crisis -Anura and Susil can be replaced only by Supreme Court – Former Chief Justice
Posted on August 14th, 2015

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The Colombo District Court today issued an enjoining order preventing Anura Priyadharshana Yapa and Susil Premajayantha from acting and discharging duties as the General Secretaries of the SLFP and UPFA respectively until August 28, 2015. Realising imminent victory of Mahinda, Sirisena has pushed country into a constitutional crisis by unconstitutionally sacking party secretaries during an election period. According to Former Chief Justice Sarath De Silve, Anura Priyadharshana Yapa and Susil Premajayantha can only be replaced by Supreme Court order during general election period according to the constitution of the country.

මෛත‍්‍රීපාල බාලංශයේ සිට ඉගෙනගත යුතුයි.. අනුර-සුසිල් ඉවත් කිරීමට ශ්‍රේෂ්ඨාධිකරණ නියෝගයක් නැතිව බෑ..

August 14, 2015 at 5:27 pm | lanka C news

මෛත‍්‍රීපාල බාලංශයේ සිට ඉගෙනගත යුතුයි.. අනුර-සුසිල් ඉවත් කිරීමට ශ්‍රේෂ්ඨාධිකරණ නියෝගයක් නැතිව බෑ..රටේ මැතිවණයක් කැඳවා ඇති අවස්ථාවක පක්‍ෂ ලේකම්වරුන් ඉවත් කිරීමට ජනාධිපතිවරයාට බලයක් නැති බව හිටපු අගවිනිසුරු සරත් එන්. සිල්වා මහතා කුරුණෑගලදී පැවැත්වෙන සන්ධාන ජනහමුව අමතමින් කියා සිටියේය.සන්ධානයේ මහ ලේකම්වරයා, ශ‍්‍රිලනිප මහ ලේකම්වරයා ලෙස සුසිල් පේ‍්‍රමජයන්ත හා අනුර යාපා  යන මහත්වරුන් මැතිවරණ කොමසාරිස්වරයා විසින් පිලිගෙන ඇති තත්වයකදී ආණ්ඩු ක‍්‍රම ව්‍යවස්ථාවේ 105 වන වගනිත්ය යටතේ මැතිවරණ කොමසාරිස්වරයාට එරෙහිව දිසා අධිකරණයකින් නියෝග නිකුත් කල නොහැකි බවත් එසේ කල හැක්කේ ශ්‍රේෂ්ඨාධිකරණයෙන් පමණක් බවත් ඔහු කියා සිටියේය.රාජකාරි අවසන් කර නිවෙස බලා යිමට සූදානම් සිටි දිසා විනිසරුවකුගේ අත්සනකින් මැතිවරණ නීතිය වෙනස් කල නොහැකි බව ජනාධිපතිවරයා දැන යුතු බවත් නීතිය නොදන්නේ නම් බාලංශයේ සිට ඉගෙනගත යුතු බවත් ඔහු කියා සිටියේය.

මෛත‍්‍රී දන්න නීතියක්, ව්‍යවස්ථාවක් නෑ.. අප ඉවත් කරන්න එහෙම බෑ..

UPFA Colombo District candidate Susil Premajayantha says that media reports alleging that the General Secretaries of the SLFP and UPFA have been removed are completely untrue. The Colombo District Court today issued an enjoining order preventing Anura Priyadharshana Yapa and Susil Premajayantha from acting and discharging duties as the General Secretaries of the SLFP and UPFA respectively until August 28, 2015.

It has been reported that President Maithripala Sirisena in his capacity as the Chairman of the SLFP and UPFA has cancelled the party membership Anura Priyadharshana Yapa and Susil Premajayantha and has removed them from the posts of General Secretary. Responding to an inquiry from Ada Derana, Premajayantha charged that a certain individual is attempting to impede the impending victory of the United People’s Freedom Alliance (UPFA) at the general election on Monday (Aug 17).

He stated that according to the constitution of the SLFP, the consent of the Central Committee is required to terminate party memberships or if any person is to be removed from their post. Premajayantha further said that the SLFP Central Committee cannot be convened due to an enjoining order currently preventing any such meeting.

At the same time the approval of the UPFA Executive Committee is required in order to remove any member from their post, as per the constitution of the UPFA, he said. Premajayantha stated that the Executive Committee can be convened only by him, as the General Secretary, and that he has done no such thing.

ලංකා නිදහස් පක්ෂයේ මහ‍ලේකම් හා එක්සත් ජනතා නිදහස් සන්ධානයේ මහලේකම් ස්වකීය තනතුරු වලින් ඉවත් කළ බවට පළවන වාර්තා අසත්‍ය බව හිටපු අමාත්‍ය, එජනිස කොළඹ දිස්ත්‍රීක් අපේක්ෂක සුසිල් ප්‍රේමජයන්ත මහතා පවසයි.අද දෙරණ කළ විමසීමකදී හෙතෙම කියා සිටියේ මෙය ඉදිරි මහමැතිවරණයේදී එක්සත් ජනතා නිදහස් සන්ධානය විසින් ලබන ජයග්‍රහණයට කවුරුන් විසින් හෝ බලපෑම් කිරීමට උත්සාහ දැරීමක් බවයි.ශ්‍රීලනිපයේ පක්ෂ ව්‍යවස්ථාවට අනුව පක්ෂයේ කිසිවෙකු හෝ තනතුරකින් ඉවත්කරනු ලබන්නේනම් එය මධ්‍යම කාරක සභාවේ අනුමැතියෙන් සිදුකළ යුතු බවත්, මධ්‍යම කාරක සභාව කැඳවීම‍ට එරෙහිව මේ මොහොතේ අධිකරණයේ වාරණ නියෝගයක් බලපැවැත්වෙන බැවින් එය කැඳවීමට හෝ නොහැකි බවත් ප්‍රේමජයන්ත මහතා සඳහන් කළේය.එමෙන්ම එක්සත් ජනතා නිදහස් සන්ධානයේ කිසිවෙකු තනතුරකින් ඉවත්කරන්නේනම් සන්ධානයේ ව්‍යවස්ථාවට අනුව එහි විධායක සභාවේ අනුමැතියෙන් එය සිදුකළ යුතු බවත්, විධායක සභාව කැඳවිය යුත්තේ එහි මහලේකම් වන තමා විසින් වුවත් තමන් එවැනි ක්‍රියාමාර්ගයක් ගෙන නොමැති බවත් ඔහු වැඩිදුරටත් කියා සිටියේය

 

The Colombo District Court today issued an enjoining order preventing Anura Priyadharshana Yapa and Susil Premajayantha from acting and discharging duties as the General Secretaries of the SLFP and UPFA respectively until August 28, 2015. However According to Former Chief Justice Sarath De Silve, Anura Priyadharshana Yapa and Susil Premajayantha can only be replaced by Supreme Court order during general election period according to the constitution of the country.

President Maithripala Sirisena in his capacity as the Chairman of the SLFP and UPFA has cancelled the party membership Anura Priyadharshana Yapa and Susil Premajayantha and has removed them from the posts of General Secretary.

Meanwhile the President has appointed Minister Duminda Dissanayake as the General Secretary of the Sri Lanka Freedom Party (SLFP) and ex-Minister Prof. Vishwa Warnapala as General Secretary of the United People’s Freedom Alliance (UPFA).

Consequently Duminda Dissanayake and Prof. Warnapala have sought an enjoining order to prevent the former General Secretaries from carrying out duties in their former capacities.

12 Responses to “Realising imminent victory of Mahinda, Sirisena pushes country into a constitutional crisis -Anura and Susil can be replaced only by Supreme Court – Former Chief Justice”

  1. Metteyya_Brahmana Says:

    Now we no why Mahinda should have followed my advice and NOT contest from a party under the authority of Maithripala.

    The enjoining order from the District Court should be appealed on an emergency basis to the Supreme Court, as it has no authority to decide who can carry on as a leader of the party or as a member of the party. The order concerning Central Committee meetings must also be appealed as this is the only thing stopping the Central Committee to vote to oust Maithripala as Chairman.

    It is simply incredible that a Chairman of a political party can maintain such a position with less than 1% support of the party. No where else in the world would this even be possible.

  2. Kumari Says:

    If we give Mahinda enough MPs, under these circumstances it is easy to impeach Sirisena on the appointment of the pickpocket PM and Cover up of CB Robbery. Once impeached, he cannot be the Chairman of the SLFP.

    Now you know why Mahinda did not offer the premiership to this unsteady mental case.

    I wonder where Sobitha is with his Good governance lobby. Sobitha, (the yellow robed hypocrite) is this the Dictatorship you blessed the country with?

  3. Metteyya_Brahmana Says:

    Mahinda also needs to get his +113 signatures together to present to the Supreme Court IMMEDIATELY after the election on August 17th so that it is clear that he commands the confidence of Parliament. Then it becomes a rather simple matter for the Supreme Court to order Maithripala to appoint Mahinda as PM and arrest and imprison him on Contempt-of-Court if he disobeys the court’s order, just like anyone else who disobeys a court order.

    At the end of the day, Maithripala is going to learn that he and Ranil are NOT above the law, and behaving like a dictator when you took votes in January as being against dictatorial conduct is FRAUD. Maithripala is going to get little sympathy from most people in Sri Lanka for trying to overturn the will of the people concerning their choice as Prime Minister of the country.

  4. Sarath W Says:

    The biggest mistake Mahinda made was to hand over the leadership of SLFP to the Paraya traitor MY3. This evil canny puppet is getting desperate and is driven by Batalanda Ranil and modi Chandrika to hares every one loyal to Mahinda. He should do the right thing for himself and the country hang himself.

  5. vyasan Says:

    The only way possible to deter this kind of democratic dictatorship of MS & RW combo, is to give enough supporters for MR in the parliament, and to do this the Sri Lankans should think wisely and vote in favour of MR providing him an overwhelming majority so that those who act in undemocratic manners can be chased away from their power points and show to the world that it also has been done by popular demand.

    The North-East electorates cannot be trusted for this purpose, as the Tamil -Muslim leadership always go after the UNP, and they are in politics for their own personal gratifications only. I know it as a Sri Lankan Tamil and as someone who once – as a TULF supporter in those days – (unwisely or foolishly?) thought that a separate nation for Tamils might be the best solution for the Sri Lankan ethnic issue, though I was vehemently opposed to all the Tamil militant organizations.

  6. Chancy Says:

    I say, “Impeach Sirisena”! People will have to give Mahinda enough votes to get a 2/3 majority to impeach this dictator.

  7. Fran Diaz Says:

    If Sirisena as President has acted Unconstitutionally, then he must be impeached/charged just for that.

    This Ranil/CBK/MS Trio has existed in this dark time of 7 months as leaders of Lanka to attempt to grant a Fed state to Tamils, it seems.

    We do not see anything of real worth come out of this chaotic and ugly 7 months of Yahap. Fast may they vanish !

  8. Christie Says:

    Indian Imperialists playing British Rules.

  9. Christie Says:

    ඉන්දියානු ජඩයෝ කූලියා ලවා සුද්දගෙ නීති සෙල්ලම් වගේ.සුද්දගෙ කාලෙත් ඉන්දියානු පරපෝසිතයකුවූ මොහන්දාස් කරම්චාන්ඩ් සුද්දො වෙනුවෙන් අප්‍රිකාවෙ කරපු සෙල්ලම් වගෙයි.

  10. LANKAPUTHRA Says:

    Fran Diaz, Fed State to Tamils, it seems, Ha, ha, It has already been done. Read what Sarth Silva has said. In the past and now. This regime is illegal. First thing people Not Politicians must do is to go to the election commissioners office and arrest and capture him. Then try him in a peoples court. MR must not interfere with it until Ranil, CBK is out of the country. Bring back the old constitution then, gradually analyze the requirements of the Executive Presidency. Strictly impose the 6th Amendment for the Parliamentarians and not to the general public, where the freedom of speech is valued. Those Parliamentarians who violated 6th amendment should be charge with Treason and condemned to DEATH.

  11. Ananda-USA Says:

    Sarath W,

    Somarama Sirisena automatically became the head of the SLFP when he was elected President, because the SLFP constitution REQUIRES the President to be the Leader of the Party if he is a Party member.

    Mahinda had NO OPTION but to COMPLY with the SLFP Constitution.

    Mettya-Brahmana,

    I agree with you. MR should get the signature of all elected UPFA MPs and file a Fundamental Rights case with the Supreme Court demanding the appointment of himself as the PM.

    If Somarama Sirisena REFUSES to APPOINT MR as PM, he can and should be IMPEACHED for VIOLATING the SC Order, the SC Order. At that point he becomes a criminal, disqualified to hold the post of President.

    MR/UPFA must be PREPARED with ALL of the LEGAL PAPERWORK well ahead of time to FORCE Somarama Sirisena to DO THE RIGHT THING if MR gets the required Parlimentary Majority.

  12. Ananda-USA Says:

    Somarama Sirisena’s DYNAMITE letter BLOWING UP in his own hand!

    ……………….
    Former Sri Lankan president asks his successor to respect people’s mandate

    Aug 14, Colombo: Former Sri Lankan President Mahinda Rajapakse on Friday asked President Maithripala Sirisena to respect the mandate of the people in the upcoming parliamentary election on Monday.

    Responding to the letter sent by President Sirisena yesterday stating that President will not allow appointing him as the prime minister in the event of a UPFA victory at the upcoming election, Rajapaksa said the choice of the people should be respected.

    In his letter, President Sirisena said there were many other senior party members deserving the Prime Minister post if the UPFA forms a government after the election and asked the former president to graciously allow one of them to become the Prime Minister

    The former president vehemently rejected the “baseless criticism” of him made by the President “on information obtained from other sources”.

    Rajapaksa in his letter to the President Sirisena said that he re-entered politics based on a request made by the public and several senior opposition UPFA members by February 2015.

    “I expect you to honor the wishes of the people at the general election in the same way I did after the January election,” Rajapaksa wrote in his letter to President Sirisena.

    The former president said he is happy that President Sirisena has acknowledged that UPFA would obtain a majority in the parliament.

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