The Supreme Court today determined that the Ape Janabala Party’s decision to expel Ven. Athuraliye Rathana Thera from party membership is not valid in law.
With this Supreme Court judgment, there is no legal impediment for Ven. Rathana Thera to function as a Member of Parliament following his expulsion from party membership.
The Supreme Court three-judge-bench comprising Justices Buwaneka Aluwihare, Murdu Fernando and Janak de Silva held that the decision to expel the petitioner from the membership of the ‘Ape Janabala Pakshaya' on a purported decision of the Disciplinary Committee is ex-facie illegal.
President’s Counsel Sanjeewa Jayawardena with Rukshan Senadheera appeared for the petitioner while President's Counsel Farman Cassim appeared for the Ape Janabala Party.
Counsel Nilshantha Sirimanne with Deshara Goonetilleke appeared for the fourth respondent. Deputy Solicitor General Avanti Perera appeared for the Attorney General.