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Lawsuit over SLFP Chairmanship

Two political activists including the Boralesgamuwa Urban Council Chairman have filed an appeal in the Colombo Civil Appellate High Court challenging Colombo District Court’s decision to dismiss a lawsuit which sought an order to reinstate the former President Mahinda Rajapaksa as the Chairman of the Sri Lanka Freedom Party (SLFP).

When the appeal came up before the Civil Appellate High Court, defendant parties including the SLFP General Secretary were directed to file their answers on July 20.

On September 29 last year, the Colombo District Court upheld the preliminary objections raised by defendants including the SLFP General Secretary and decided to dismiss this lawsuit in limine.

The original lawsuit had been filed by two Plaintiffs, Boralesgamuwa Urban Council Chairman K.D. Aruna Priyasantha and Asanka Nandana Srinath, citing the SLFP General Secretary and the Election Commission Chairman as defendants.

In his preliminary objections during District Court’s hearing, the SLFP General Secretary stated that plaintiffs are indirectly challenging the acts of the President of the Republic done in his capacity as the SLFP Chairman “It is common ground that the SLFP Chairman is the President of the Republic. In terms of Article 35(1) of the Constitution, the President of the Republic has immunity from suit except in an action filed in terms of Article 126 of the Constitution,” the SLFP General Secretary said.

The defendants had further submitted that the District Court has no jurisdiction to file action against the Election Commissioner.