T.B. Ekanayake threatens legal action

Claims Premajayantha, Yapa suspension unconstitutional:

by Uditha Kumarasinghe

A Sri Lanka Freedom Party (SLFP) senior, angered by the decision taken by their Party Chairman, President Maithripala Sirisena, to remove SLFP General Secretary Anura Priyadharshana Yapa and UPFA General Secretary Susil Premajayantha from their positions in the party, threatened to take legal action against the arbitrary decision.

Claiming there were no provisions in the party constitutions to change party positions or make fresh appointments after an election is declared, former Cultural Affairs Minister and UPFA Kurunegala District Candidate, T.B. Ekanayake told the Sunday Observer, they would initiate legal actions against the decision taken by the party leadership after August 17.

 During an election, the Commissioner of Elections is vested with all powers, and the President who is also the SLFP Chairman cannot use his executive powers or provisions in the party constitution to change any party position or make new appointments. Any position in the SLFP cannot be changed without notifying the Central Committee and Executive Committee, he said.

 Ekanayake said the former UPFA General Secretary, Susil Premajayantha, had also informed to the Commissioner of Elections on Saturday (August 15) about the decision taken by the party chairmanship to expel him and SLFP General Secretary from their positions. 

 Before the nominations were given for the August 17 General Election, the UPFA informed the Election Commissioner in writing that Susil Premajayantha is the UPFA General Secretary. The UPFA’s entire nomination process was conducted under his supervision.

The change of any position in the SLFP or UPFA or new appointments during the an election is illegal as there are no provisions in the party constitution or country’s law to resort to such a course of action, he said, charging that the move was entirely based on malice.

 President Sirisena in his capacity as Chairman of the SLFP, on Friday (August 14) sacked Anura Priyadharshana Yapa and Susil Premajayantha from their substantive positions of SLFP General Secretary and UPFA General Secretary and also suspended their Central Committee membership. Premajayantha has also been removed from his post as the SLFP National Organiser. Duminda Dissanayake was appointed as Acting UPFA General Secretary, while Prof. Vishwa Warnapala was appointed Acting General Secretary of the UPFA.

 The President had informed both SLFP and UPFA General Secretaries in writing that their memberships was being suspended due to their activities not confirming to the policies of the SLFP that went against the decisions of the party leadership.

 The Colombo District Court issued two enjoining orders when two plaints were filed by Duminda Dissanayake and Vishwa Warnapala seeking to act in their respective positions. Accordingly, the Colombo District Court issued an enjoining order preventing Anura Priyadharshana Yapa and Susil Premajayantha from acting and discharging duties as the General Secretaries of the SLFP and UPFA respectively, until August 28, 2015.

Meanwhile, Jana Setha Peramuna (JSP) in a letter addressed to the Election Commissioner and the international election observers yesterday, said the decision taken by the SLFP Chairman to remove the SLFP and UPFA General Secretaries from their positions, using the powers vested in him by the party constitution would pave the way to undermine the transparency maintained in the election process.

They requested not to provide any room for the two major parties to resort to such undemocratic moves. JSP also said a decision taken by any political party at this juncture would have some impact on the election process.