Hatha Kapuralalage Ashoka Dayaratne and others Vs. Sarath Fonseka and others – CA 175/2015-2015

In the case between Hatha Kapuralalage Ashoka Dayaratne, H.I. Pathmasiri de Silva, and R.M. Malhamy Ratnayake (petitioners), and Sarath Fonseka, Ananda Manawadu, members of the Democratic Party Disciplinary Board, the Democratic Party, Western Provincial Council Secretary, and Commissioner General of Elections (respondents), the court addressed the validity of the petitioners’ expulsion from the Democratic Party under section 63(1) of the Provincial Councils Elections Act No. 2 of 1988, and examined issues relating to procedural fairness and compliance with natural justice. It was held that the expulsions were invalid, as the proceedings lacked the fundamental requirements of natural justice, namely, the opportunity for the petitioners to know and answer the evidence against them. The cour