The Supreme Court is set to hear an appeal petition challenging the decision of the Court of Appeal to dismiss a petition questioning Diana Gamage’s eligibility to serve, sit, and vote in Parliament under the country’s Constitution.
The appeal has been filed by Oshala Herath, a social activist, and will be heard before a three-member Supreme Court bench comprising Gamini Amarasekara, Kumuduni Wickramasinghe, and Janak de Silva. The hearing of additional petitions has been adjourned until tomorrow (13).
The Court of Appeal had previously dismissed, with costs, a petition filed by Minister of State Diana Gamage seeking an order to disqualify her as a Member of Parliament on October 31 last year (2023). The case was heard by a three-judge bench, presided over by Judge Nishanka Bandula Karunaratne, Khema Swarnadhiphi, and A. Marikkar.
The majority judges of the Court of Appeal, Judge Nishanka Bandula Karunaratne and Khema Swarnadhiphi, ruled to dismiss the petition due to insufficient evidence presented by the petitioner. However, Member Judge A. Marikkar dissented, asserting that Diana Gamage had failed to establish her Sri Lankan citizenship and therefore was not qualified to hold a position in Parliament according to the Constitution. Marikkar suggested issuing a writ declaring Gamage unfit for the parliamentary role and ordering her to cover court fees.
In response to the Court of Appeal’s decision, Oshala Herath filed an appeal petition in the Supreme Court, contesting the judgment of the Appellate Court and seeking further review of Diana Gamage’s eligibility for parliamentary office.