Piyasena vs. Ilankai Thamil Arasu Kadchi and Others – sllr 2012 volume 1 page 215

In the case between Mr. Piyasena (Petitioner) and Ilankai Thamil Arasu Kadchi (ITAK) and others (Respondents), the Court addressed the lawfulness of the expulsion of a Member of Parliament from ITAK. It was held that the expulsion was invalid on procedural grounds, specifically due to the decision being made by an unauthorized authority under the party constitution. The principle reaffirmed was that parliamentary seats cannot be vacated by virtue of an expulsion deemed unlawful, and the original jurisdiction of the Court under Article 99(13)(a) of the Constitution prevails over procedural objections concerning alleged misrepresentation or lack of candor. The decision relied on interpretations of the ITAK Constitution and constitutional provisions concerning parliamentary membership, emphas