Waruna Deeptha Rajapakshe vs Janatha Vimukthi Peramuna (JVP) – CA 103/2012-2012

In the case between Waruna Deeptha Rajapakshe (petitioner) and Janatha Vimukthi Peramuna, its Leader (Somawansha Amarasinghe), General Secretary (Tilvin Silva), and others (respondents), the court addressed the validity of the petitioner’s expulsion from his political party (JVP) and the scope of relief available under the Provincial Council Elections Act. It was determined that the internal disciplinary proceedings of the party failed to comply with constitutionally mandated procedures, specifically regarding adequate notice and the opportunity to be heard. The court held that the two-month time limit for applications under Section 63 of the Provincial Council Elections Act is directory, not mandatory, and does not bar relief if exceeded. All necessary parties to the controversy were iden