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Dismiss Application for quo warranto in limine: Gamini Marapana

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President’s Counsel Gamini Marapana has pleaded before the Court of Appeal that the application for quo warranto must be dismissed in limine.

He was making submissions before the Court of Appeal during the hearing of the application for quo warranto seeking a declaration that the respondents are not entitled to hold the office of Prime Minister and Ministers or Deputy Ministers.

The Bench comprised Justices P.Padman Surasena (President/CA) and Arjuna Obeysekera.

President’s Counsel Gamini Marapana appearing with Counsel Navin Marapana on behalf of Prime Minister Mahinda Rajapaksa pleaded that Court of Appeal has no jurisdiction to hear this case until the Supreme Court makes a determination regarding several Fundamental Rights petitions regarding the dissolution of Parliament.

He submitted that the Parliamentary proceedings including the No Confidence Motion were commenced at the time several FR petitions are being heard before the Supreme Court. In case the Supreme Court determines that the President’s decision to dissolve Parliament was valid, all Parliament proceedings up to now would be null and void.

He further argued that the Supreme Court had already issued an Interim Order on the proclamation on the dissolution of Parliament. The Supreme Court had issued the interim Order operative till December 7 and fixed the matter for hearing on December 4, 5 and 6 and that the Interim Order was a temporary one staying the operation of the proclamation of dissolving the Parliament by the President. There is no ex-facia No Confidence Motion duly passed in Parliament since it was passed using voice vote while standing orders being suspended.

He pleaded that If the Court grants the Interim Order as prayed by the Petitioners and the Supreme Court vacates the interim order, there would be a complex problem.

K.Kanag Iswaran PC with Suren Fernando appeared for the Petitioners.

Romesh de Silva PC, Manohara de Silva PC, Sanjeeva Jayawardena PC, Ali Sabry PC, Kushan Alwis PC appeared for the Ministers.

 

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