Ven. Athuraliye Rathana Thero vs. Ape Janabala Pakshaya et al. – SC EXPULSION 02/2021-2023

In the case between Ven. Athuraliye Rathana Thero and Ape Janabala Pakshaya (including key officials and associated bodies), the court addressed the issue of the legal validity of the Petitioner’s expulsion from the political party Ape Janabala Pakshaya, with particular scrutiny given to the party’s Disciplinary Committee’s authority and compliance with the Memorandum of Understanding (MOU) with the Wijaya Dharani National Council. It was held that the expulsion was invalid as it did not comply with the procedural safeguards required by Article 99(13)(a) of the Constitution and the terms of the MOU, thereby upholding that the Petitioner’s Parliamentary seat had not become vacant. The holding reaffirmed the principle that disciplinary proceedings affecting elected representatives must stric