June 22, Colombo: The Colombo District Court today (22) rejected the request by the Samagi Jana Balawegaya (SJB) to issue an enjoining order preventing the decision taken by the United National Party (UNP) Working Committee to cancel the membership of 99 party members including the Secretary General of SJB former minister Ranjith Madduma Bandara.
Announcing the decision, Colombo District Judge Amali Ranaweera stated in the open court that the plaintiff is required to disclose true facts when applying for an injunction.
The District Judge pointed out that however, the plaintiff had suppressed the facts when the request is made to the court and accordingly, the court refuses to issue the injunction order.
However, the District Judge ordered the case to be taken up again on July 27 and ordered to issue notice to UNP Leader Ranil Wickremesinghe and Deputy Leader Ravi Karunanayake, who have been named as respondents.
The Court also directed the General Secretary of the UNP, Akila Viraj Kariyawasam, who was named as a respondent in the complaint, to submit objections, if any, within two weeks to the court.
The complainant, General Secretary of Samagi Jana Balawegaya (SJB) Ranjith Madduma Bandara has stated that the respondents decided to take disciplinary action against him and suspend his party membership after he submitted his nomination papers through a group called 'Samagi Jana Balawegaya'.
He said the SJB was established according to a decision taken by the UNP Working Committee and therefore, he and the others in the SJB did not violate the party constitution by submitting nominations through the SJB.
Ranjith Madduma Bandara in his petition stated that the UNP Working Committee’s decision to take disciplinary action against him and others was against the law and requested the court to issue an injunction order preventing the implementation of the decision to suspend his party membership.
UNP General Secretary Akila Viraj Kariyawasam, who had been named as a defendant in the complaint, told the court that the UNP Working Committee had never approved the establishment of a party called Samagi Jana Balawegaya.
Kariyawasam told the court that the plaintiff Ranjith Madduma Bandara and others had obtained the membership of the party called 'Samagi Jana Balawegaya' and submitted nominations through that party for the general election and therefore, they are not eligible to hold the membership in the UNP further.
He has further stated that the UNP has initiated disciplinary action against the complainant and others in violation of the UNP constitution and that if the injunction is issued to prevent it, a severe prejudice will be made.
President’s Counsel Ikram Mohamed appeared on behalf of Ranjith Madduma Bandara, General Secretary of the complainant Samagi Jana Balawegaya.
President's Counsel Roland Perera on the instructions of Attorney-At-Law Dinesh Vidanapathirana appeared for the UNP General Secretary.