Ven. Bambarawane Saddhathissa vs Raja Manthreelage Thilak Rajapaksha et al. – CA WRIT/369/2020-2022

In the case between Ven. Bambarawane Saddhathissa and Raja Manthreelage Thilak Rajapaksha (along with other public officials), the issue considered was whether the 1st Respondent was disqualified from holding office as a Member of Parliament on account of continuing as a public officer with a salary above the constitutional threshold at the time of the election. The holding determined that, despite the 1st Respondent’s resignation being accepted after the election date but before taking the oath, the relevant constitutional provisions did not render the 1st Respondent ineligible. The principle reaffirmed was that disqualification is assessed based on status at the time of “sitting and voting” (oath-taking), not at the date of election, and that a Writ of Quo Warranto does not lie where no