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Court Petition Challenges Minister Upali Pannilage’s Parliamentary Membership Over Constitutional Violation

December 19, 2024
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Court Petition Challenges Minister Upali Pannilage’s Parliamentary Membership Over Constitutional Violation
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A petition has been submitted to the Court of Appeal seeking a writ of certiorari to annul the parliamentary membership of Minister Dr. Upali Pannilage.

The petition was lodged by Mr. Oshala Herath, Chairman of the Abhinawa Niwahal Peramuna. The respondents named in the petition include Minister Dr. Upali Pannilage, the Secretary General of Parliament, the University of Ruhuna, and its Vice-Chancellor.

According to the petitioner, Minister Dr. Pannilage was appointed as a National List Member of Parliament following the most recent general election. However, it is alleged that at the time of his appointment, Dr. Pannilage was serving as a Professor of Sociology at the University of Ruhuna.

The petition argues that this dual role violates Article 91 of the Constitution, which disqualifies individuals engaged in government service from being elected to Parliament. Such an appointment, the petitioner claims, constitutes a legal disqualification for membership in the legislature.

In light of these assertions, the petitioner has urged the Court of Appeal to issue a writ of certiorari, declaring that Minister Dr. Upali Pannilage is constitutionally ineligible to hold, sit in, or vote as a Member of Parliament, and to subsequently revoke his membership.

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