Diana Gamage’s petition challenging expulsion from SJB reheard
March 13, 2024 10:26 am
The Supreme Court has once again taken up for hearing the petition filed by State Minister Diana Gamage challenging a decision taken by the Samagi Jana Balawegaya (SJB) to scrap her membership in the party.
The petition was reheard before a three-member Supreme Court trial bench comprising of Justices Gamini Amarasekara, Kumuduni Wickremesinghe and Mahinda Samayawardena, Ada Derana reporter said.
Appearing for the General Secretary of the SJB Ranjith Madduma Bandara, who has been named as a respondent of the case, President’s Counsel Jayampathy Wickramaratne pointed out before the courts that several essential parties have not been named as respondents in this petition.
He also mentioned that the petition could not be maintained further on the grounds that the members of the SJB’s executive board and the members of the disciplinary committee, who are essential parties relating to the matter, have not been named as respondents in the petition, which he deemed a ‘serious legal error’.
The President’s Counsel further expressed that the petitioner Diana Gamage’s decision to support the ruling party without seeking approval from the SJB beforehand is completely against the party’s constitution and that it was clear that she has violated party disciplines.
Thus, President’s Counsel Wickramaratne who stated that the decision taken to expel Gamage from SJB is completely lawful, requested the court to dismiss the petition filed by the State Minister.
The SJB had earlier decided to expel National List MP Gamage from the party citing that she had failed to comply with the unanimous decision taken by the party to vote against the 20th Amendment to the Constitution, by voting in favour. The SJB had also highlighted that this was a serious violation of party discipline, and that the Opposition Leader and the SJB’s leader Sajith Premadasa decided to suspend her party membership for the reputation or well-being and prosperity of the party.