RanilW is an MP, not an elected Prime Minister to challenge the President.
Posted on November 8th, 2018
By Charles.S.Perera
Maithreepala Sirisena was elected as the President of Sri Lanka by the people of Sri Lanka. Ranil Wickramasinghe was elected a member of Parliament from Colombo by the supporters of his political party-UNP.
The President of Sri Lanka appointed Ranil Wickramasinghe, who in opinion of the President was the Member of the Parliament who ( at that time in August,2015), commanded the confidence of the majority in the Parliament.
It is understood that according to the Constitution the Prime Minister would continue to hold office as long as he Ranil Wickramasinghe MP, is in the opinion of the President of Sri Lanka continues to command the confidence of the majority in Parliament or if the Cabinet Continues to function as a whole.
In consequence the Prime Minister Ranil Wickramasinghe cannot challenge the President , if the President due to any changed circumstances appoints another Prime Minister to replace him.
Since the 26 October,2018, the Temple Trees is occupied by the ex Prime Minister , claiming without any proof by an order issued by the Supreme Court that he is still the Prime Minister.
The Temple Trees is a public property and the taxpayers have the right to ask why no action has been taken to evict Ranil Wickramasinghe from the Temple Trees.
Ranil W-MP, may claim in defence that he had been removed illegally from office and that he as the former Prime Minister has the right to remain in the Temple Trees, until the New Prime Minister Mr.Mahinda Rajapakse sworn in by the President shows a majority in the Parliament.
But Ranil W- MP, was not removed by the President, but he became redundant as Prime Minister due to some members leaving the Cabinet.
Ranil Wickramasinghe MP, cannot claim that he is still the Prime Minister and the President swore in a new Prime Minister illegally, as it is the right of the President of Sri Lanka Maithreepala Sirisena to take a decision when circumstances change, and it becomes necessary to appoint another Prime Minister.
It is then normal that the President would in terms of the Constitution swear in a person who in his opinion commands the confidence of a majority in the Parliament as his New Prime Minister
But if RanilW-MP, believes that he has a majority in the Parliament, then it is for him to go to the Supreme Court and ask for an opinion about his right to be in office and therefore to continue to reside at the Temple Trees.
The President of Sri Lanka need not go to courts on the issue as he had been elected by the people of the country, and he has the right to act in terms of the Constitution- taking where necessary legal opinion.
The Prime Minister Ranil Wickramasinge was not elected by the people, but was only sworn in by the President as it was his opinion that at the time of swearing him in as the Prime Minister he commanded the confidence of a majority in the Parliament.
Situation has now changed and the President Maithreepala Sirisena has sworn in a new Prime Minister a member of the Parliament who in his opinion commands the confidence of a majority in the Parliament.
It is the President’s opinion which is necessary in terms of the Constitution and not the necessity for the new Prime Minister to show a majority in the parliament. The deposed Prime Minister has no right to question the new Prime Minister to show a majority in the Parliament. It is for him to show the contrary by taking an opinion from the Supreme Court.
Therefore, when Ranil W –MP lost his position of Prime Minister when the cabinet became dissolved by a number of Ministers leaving the Cabinet. Ranil W-MP has no legal right to oppose the decision of the President of Sri Lanka.
If he claims that he did not loose the Office of the Prime Minister, when a number of Cabinet Members left the Cabinet, then he has to prove that despite some members leaving the Cabinet he is still the Prime Minister by getting an opinion from the Supreme Court.
Until then he has no right to remain in the Temple Trees. The Office of the Prime Minister Rajapakse should serve a notice on Ramil Wickramasinghe demanding him to vacate the Temple Trees immediately.
If not the Government has the right to deploy the Police Force and even the Armed Forces if necessary to remove Ranil Wickramasinghe whois illegally occupying theTemple Trees. The Government should claim from Ranil Wickramasinghe compensation for the period he had remained in the Temple Trees.
November 8th, 2018 at 6:05 pm
Now that all Muslim MP’s gone to Macca and not returning till 19th as per the news papers, there is no issue of Majority for the current ruling team. Run-nil is short of 12 with their pilgrimage.
This must be the reason why the UNF wanted the parliament to open before 7th, the day of their departure. Now what is Run-nil doing? Ajith P Perera will have to clone them using his newly found heroic attitude.
Good for MR and the team for the interim. Good for Mother Lanka in the interim. However, it is frustrating to see SB became the Government’s chief organiser. This guy was rejected by the people of his electorate already.
For the patriots of the land, the Best thing now is to look for dissolving the parliament either with an existing provision or by requesting from the Supreme court. Then we can go for a General Election and MR and the team can get a majority for which old selfish SLFP team is no more required. No more corrupt politicians should be in the cabinet to have a clean rule and to take this Island to the new era.
Then Gota can try for the Presidency.
November 8th, 2018 at 6:33 pm
I think the crisis is due to those members in former UNP government and the NGOs mixing up the executive and legislator. The parliament is the legislator. It is the president who select from among the parliamentarians to form the government and carry out the execution. And there are rules set in the constitution how this is to be done. There is no need to panic. First if those ministers or PM has done rackets while carrying out the executive power bestowed on them, then those guys should be taken to courts. So, clearly the ex- PM should answer the case of bond scam. We urge the prez to follow up that before anything through the police, various commissions and the attorney general before making him the PM again even if their party has a majority in parliament.
November 8th, 2018 at 9:35 pm
Yes Charles, you,me and everybody knows it but who will put this in to his brain? This crooked guy knows what is correct and what is wrong but this stubborn old goat blindly following his band of thieves to create mayham in the country. We have to do what Egypt president did to former president who was elected by the people jailing him for his unacceptable actions during the Egypt coup. This guy has done so many mistakes same as in 2004 therefore he should be brought to justice first to answer every crime he has done in the past including Batalanda massacre and the history’s biggest theft central bank bond scam. Definitely he should be punished. In other countries presidents,Prime ministers can be put in jail for various offences why not this master crook cannot be put behind bars?? This government should arrest this guy and his henchmen soon and clear the Temple trees as it was not his personal property but belongs to the country and to the public as we are the tax payers. Go get him and clear this mess Mr. President without any fear. Majority is with you. Be brave and arrest the thieves before they do more harm to our democracy and to our beloved country.
November 9th, 2018 at 4:24 am
Traitor chief die hard catholic token Buddhist bay gal karaya samanalaya mega thief mega thakkadiya walking
crime bomb (against Sinhalese, Sri Lanka and Buddhism only Sinhala modayas who support this traitor low life)
Batalande Wandakaya Pol Pot r@ni_leech wickrama Sinhala killer is not going to go easily. It knows it will have to
put on a jumper and spend the rest of its pathetic life behind bars. So craft naki hama is trying every trick in the book.
There is a very very easy fix to get rid of the wandakaya from the temple trees. Cut the water supply or cut the electricity supply. Wandakaya and the gang of thieves will have to run to Colpetty beach or leave the den. Easy
fix. Do it MY3 and rid this low life and its gang of thieves who have been destroying a very beautiful public property. One thing is sure. Wandakaya is dancing its final dance now.
Traitor low life can be likened to a crab in the boiling pot. It’s only going to get hotter you murderous, lying, thieving, treacherous low life! Get out at least now! Traitor chief you have become a laughing stock and nobody wants this naki hama any more! You talk about democracy. We all know how you wandakaya dished out
democracy in Batalande torture camp to Buddhist youth with your catholic police top brass, how you sent
millennium city intelligent officers to catholic tigers of tamil drealam, how you gave half the country to your
catholic buddy barrel man hitler mala paharan, how you broke in to the CB with your catholic buddy maha
horandran, how you imprisoned Buddhist monks and let real terras out,
even gave compensation to them, how you jailed rana viruwan who sacrificed their limb so low lives like you
can walk the streets without fear of getting blown into smithereens. You are fnished. Only place left for you to
go is Welikada or 6 feet under. Do it and give Mother Lanka her deserved peace you traitor monster!