Sparking a new battle on the legal front, 122 MPs who supported the no-confidence motion against former President and fake Prime Minister Mahinda Rajapaksa have filed a Writ of Quo Warranto in the Court of Appeal challenging the purported government’s unlawful continuation in office.
Mahinda
Filing the Write of Quo Warranto the MPs have requested the Court of Appeal to issue a writ declaring that Mahinda Rajapaksa and the purported Ministers and Deputy Ministers have no authority to hold government offices following two successful no-confidence motions in Parliament.
According to Article 48 (2) of the Constitution, the government stands dissolved with the passage of a no-confidence motion in Parliament. In Rajapaksa’s case, he has lost two consecutive no-confidence motions with a resounding margin in Parliament and both debacles are duly recorded in the Hansard.
Former Parliamentarian Geetha Kumarasinghe lost her Parliamentary seat, last year, following a Writ of Quo Warranto filed in the Court of Appeal.
M.Basnayake / November 23, 2018
Why the court of appeal? Why not at the Supreme Court? I’m genuinely asking here, any answer will be appreciated.
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Dimuth / November 24, 2018
Writ jurisdiction is vested in the Court of Appeal by the Constitution.
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Shamalie Jayatunge / November 24, 2018
Because Quo Warranto is a Writ. Jurisdiction to hear Writs lie with the Court of Appeal
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Champa / November 24, 2018
Court of Appeal is the FIRST appellate court.
Supreme Court is the FINAL appellate court.
There are 5 PREROGATIVE Writ applications that could be heard by the Supreme Court;
1. Habeas corpus 2. Quo warranto (Writ of Authority) 3. Prohibition 4. Mandamus (peremptory Writ of Mandate) and 5. Certiorari (Writ of Review.)
(Stand for correction.)
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Champa / November 23, 2018
SLPP, Orpahns-16 and some JO members hatched a plot with the President to discredit the former President knowing fully well that he cannot continue for a long time, while serving some of their side agendas like promoting the President at the expense of the former President!!!
While denouncing the Speaker and TNA for meeting with foreign envoys, as directly revealed by the German Ambassador and indirectly revealed by the Canadian Ambassador, they (SLFP Ministers and SLPP heavy weights) have ALSO MET with the same foreign envoys SECRETLY!!!!!Look at that.
SLPP’s and SLFP’s terrible double standards are sickening.
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Plato. / November 23, 2018
MaRa has burnt his boat! At least even now, he should accept reality and save whatever self respect he has.
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Native Vedda / November 24, 2018
Plato
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When the country is ready for its own destruction it creates its own fascists and make them madder.
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Silva / November 23, 2018
According to Asian Tribune, the US, EU, Canada, Australia, and even India are contemplating to put travel and finincial bands on MR, his ministers and those individuals who aiding and assisting this illegal, unconstitutional and undermocratic government. Also there is a possibility of this to include all the MR and Sirisena junta. SL is beggery, and our major export markets and main aid givers are these countries. On top of it all, look at the madness, Narmal baby and pseudo Dr. Dayan are having tassels with the foriegn envoys for their advising all the sides to solve issues democratically and per the constitution. This is like the shrimp shouting shit smell, shit smell but it never knew that the shit is on it’s head. If bands are imposed, SL is going to be the 24th country that has the EU bands. So MR and Sirisena junta are extremely delighted to take SL to that exclusive club of Somalia, Syria, Iran, Libya, Yemen, Afghanistan, North Korea, Sudan etc. Real pathetic show.
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Champa / November 23, 2018
Actually, these MPs have filed this notice of demand against the WRONG person.
The should have filed this against President Sirisena!!!!!! Why didn’t they do that?
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edwin rodrigo / November 24, 2018
You are right here Champa. Water buffaloes just follow the leader and are not responsible for what happens.
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K.Pillai / November 23, 2018
The MPs must have been half-asleep when they considered this ~ “………Writ Of Quo Warranto Challenging Purported Government’s Unlawful Continuation In Office”
Did they file this, whatever, at all? Did they ever ask themselves “Would such a ‘writ’ bridled Idi Amin?”
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Buddhist / November 23, 2018
National Economic Commission Lalith Samarakoon lied because he said the Govt has no issues in paying the debt of $ 1 billion falling due in Jan 2019. In his same speech he also says the Govt has only $650 mill from the Chinese payment. The Govt is only planning to get another $ 1 billion from Bank of Ceylon, People’s Bank, National Savings Bank etc. There is another payment of $500 million coming up during 2019. He is an educated person and suppose to be a specialist in economy. How can he count eggs that are not laid yet? The $ 1billion is still not in the coffers of the Govt, especially with the down grading of the Banks and down grading of the country bonds by Moody no one knows what could happen. He is an educated person and has to be open and honest about what he says. Not close the card and pass it around.
From the time Mahinda- Maithree government took over we are finding all sorts of things happening. Example a murderer is re appointed to his post after taking him out on bail, a case filed by the Govt against a Monk is withdrawn, two rogues who have cases pending, that too very serious cases, are appointed to head units, investigation of 230 skeletons found in Mannar has stopped etc etc. This is the way the political thugs and their side kicks ruing the country.
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Maharage, / November 23, 2018
Dear CT,
This picture of the Fake Prime Minister looks really disgusting and as obnoxious as the smell of a dirty pig and his work.
Once Dayan said “he looks handsome and personable” compared to other leaders in Parliament. I was perplexed !!!
Here, he looks like an uncivilized Poosari running after Kovil Service. What a disgrace to the nation that chose him a Sri Lanka’s president
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Champa / November 24, 2018
Maharage
MR is still the most handsome politician compared to many other scarecrows younger to him in the Parliament.
Here he looks great with his jogging kit as someone who is known for doing regular exercises including hard style yoga.
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Samson Gunawardhana / November 24, 2018
Champawathie,
why you need to lick the balls of Mainda the parayah… who has ruined this nation sofar.
Did you know that we are the 5th nation that is being caught by chinese debt trap ?
Yoshita ballige puthas name came up at the time, SB and presidnet himself were searching for buying the MPs from UNP side. Do you think that is just a joke ?
Yoshita and OTHER bastard sons have their accounts in DUBAI and other countries.
There are reliable proofs which will come to light next days.
Alone during the last few weeks, there are rumours that some funds have been flowing into country even if NO such investements are the case.
Wait and see, we will reveal you abou tthe money hideouts in the near future.
There BALLIGE putha Rajakshe will have to CUT his neck infront of you as he once uttered the lie.
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Champa / November 24, 2018
Samson Gunawardhana
Give it a break.
I am not bothered about other Rajapaksas as I have told before. I will never believe what you are blabbering about MR.
If you have forgotten, Ranil sold one full harbour to China without any objection from Sirisena. How come you never mentioned about that?
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citizen / November 25, 2018
Just as idiots to hide our inferity complex a small group of unpers blaming rajapaksas. What is the point nothing. He took the power ,he is having power, he is using the power, he and his top level slfp business class are very happy. What a innocent party like unp can do with a super capitalist slfp power.even a police constable is respecting unp. Mahinda does not care what Parliament says or speaker says and his business class and their media will not care as well. As poor unp we asaranayos ( helpless) to face a Hitler party like slfp.nothing will change we all unpers will cry as idiots and Ranil also will cry but the super power slfp Hitler does not care .
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Babalathappu / November 24, 2018
He looks like KATTADIYA in devil dance.
This bugger has no whatsoever so called charisma but his mouth piece is no second to that of orifices of Buruwanse.
I have not the least respect to this bugger Ballige putha Rajakshe. He should see it that people in this island are not fools as appeared to be.
So, using them as human shields to abuse their vulnerablity is beyond punishable acts.
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Champa / November 24, 2018
Babalathappu
I am not surprised to see SCOUNDRELS like you have difficulty in respecting him. You are just one man who HAS NO BACKING while he has unwavering support across the country.
Even I could have supported MR’s Premiership had he not coupled with Sirisena and Basil whose aim is only to make him unpopular and remove him from politics. Third rate opportunists like Basil and Sirisena who have no public support should not be allowed to convert Sri Lanka’s premiership into a dealership.
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in / November 24, 2018
MRs samanalaya may be Dayan!
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Estate Labourer / November 24, 2018
Maharage,
Poosaris are harmless, innocuous guys who mind their own business. Why are you dragging them unnecessarily into this? Comparing Fake PM to them is unfair to the Poosaris.
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MAMS / November 23, 2018
Another writ of Certiorari be requested from same courts asking respected Judges to quash the issuance of president Sirisena’s 26th October 2018 gazette notification.
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Maharage, / November 23, 2018
Nice Picture CT. Thanks.
Looks like a “Neanderthal” in Jeans running for a “Hopper Meal” with “Rhodesian Man” from Polonnaruwa.
Where would you place this man on the “Ladder of Human Evolution”?
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Champa / November 24, 2018
Idiot!
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edwin rodrigo / November 24, 2018
Champa has given the answer to your question below.
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Goviya / November 24, 2018
Just above the pterodactyls!
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Lanka Nitizen / November 23, 2018
you can fool all the people sometime ,
some of the prople all the time .
but you can not fool all the people all the time.
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People should not go to polls other than to vote for a refrendum to change the constitution to one that will return complete power to the parliment ,if you dont like the term westminister call it by any name you wish .
The parliment must be supreme , we need a senate with a mid term senate election enshrined in the new constitution too.
People please dont let us become the only people in the world who can be fooled all the time.
No one is talking of changing the constitution, all what all politicians seem to want is elections with the same constitution.(no way ,not after what you have witnessed)
If you dont demand to first change the constitution making parliment supreme ,your children and grandchildren will be holding you responsible.
If this time an election is won , under the existing constitution ,let it be Presidential or general , let it be any.party , or any leader,Not just MR &Camp or RW &Camp or even JVP ,you can kiss goodbye freedom and all rights forever.
This is the most anti people dictatorship constitution that has been forced upon people and the tragic is we the people vote for it
we have been decieved by every politician who.promised to remove it.
The only politician who dared to say it was Eran,
Quote :Politicians will never change ,only you the people can do.it.
I hope the people understood his message.
The only way to do.it is we go to.polls to demand the power to be returned to parliment exclusively.
I
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Champa / November 24, 2018
Lanka Nitizen
There is nothing wrong with the Constitution.
And I don’t see any reason to go for a Referendum just to verify how stupid is the President.
People elect Presidents and Parliaments to serve a certain period of time. Therefore, if anybody wants to change rulers, they have to wait for elections or the resignation of the President or the government.
Country has no money to waste in holding elections in every three years when there are a plethora of problems which can be solved utilizing that money.
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Sam Fernando / November 24, 2018
Yours is a valid point.
Yes, on the same constitution, we should go for an election.
But there is a propaganda program today being led by Rajakshes that UNP and JVPr are fear of elections and that is the reason why they seem dont want to go for elections.
Yes, people should go for voting again, only if the environment is ready for that. Being based on a DEFACTO govt as is the case now in SL, no point of gooing to vote anyone.
President s words have no meaning to anyone by today. His speeches have no credibility at all. He SHOULD rather ask for a 2/3 majority to resign himself.
Then this can lead solution seeking. So long Sirisena is the head of states, we can get sick only. Not a single person who supported him then remained with him today.
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JD / November 23, 2018
Inside the parliament, Parliamentarians should vote by Megaphone. As the npoise is louder. NCM can be won easily and the cost of Rs26 million a day for the Last failed NCM (Rs 100,000 per MP and Rs 4 million other wages, light bill and food etc) are worth the expenses. Hail Sri Lankan Hitler, Sun god killer and NIRO who says I just want to be a MP and not an ARAB WINTER.
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Champa / November 23, 2018
This is not an issue of Ranil or Mahinda or anybody else.
This is an issue of the future of Sri Lanka’s Parliament.
This is an issue of the quality of future Parliamentarians.
President’s politics is toxic. He is not a man of integrity. He became the President through a conspiracy. Therefore, he runs the country through conspiracies, deals and horse trading.
Senior politicians of Sri Lanka are putting a very bad example to juniors by promoting political conspiracies, corruption, horse trading and terrible double standards.
Honesty and integrity of the President is at question right now.
Today, he is trying to wash his hands of all wrong doings that have happened during his “Yahapalanaya” regime.
Appointing Mahinda as the PM doesn’t make him a Saint. He is fully responsible of the present predicament of Sri Lanka.
If he cannot run the country, he should have gone home, before sending others.
For 4 years, he blamed and defamed Mahinda Rajapaksa non-stop. Now he is doing the same to Ranil.
President’s irritating “weeping widow” politics is a real nuisance to the country.
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SKM / November 24, 2018
Will that case too will take 3 1/2 years like other cases where Rajapakses are involved?
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Lanka Nitizen / November 24, 2018
MESSAGE TO ALL 225 MEMBERS
here is the the acid test
If you are all sincere towards the people and Country ,prove it
Together vote and abolish the Excutive Presidency and make him the ceremonial Head of State
(Quote:HE I am ready to give up.my position,that is excutive)
and usher in westminister system and then dislove parliment and go for elections to select your PM,ministers and senate members .
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We dont need any caretaker government ,at this rate the only care taker we will end up with God forbid will be Raymonds.
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This is one Solution not a single member can refuse the people with.
hope all medias will reflect on this message (pls)
this is the only way out. not go headhock on to elections with the same constitions ,one is the republic constitution of Late .Madam Sirima which saw many inncoent young dead and then followed Late .Mr. JR’s dictatorship of Excutive Presidency that gave total impunity to kill and burn the whole nation and succefully drag the country into a 30 years of civil war and today the entire nation is at the verge of colllapse and children are killed by elephants instead of spending few hundred thousands on fencing , millions are spent on parliment to grab this excutive ruthless power.
.
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Champa / November 24, 2018
Lanka Nitizen
NO. That is like cutting your nose to spite your face. There is no reason to abolish Executive Presidency at all.
If anybody wants to get rid of him they can bring an impeachment or if not, wait for Presidential elections.
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Mallaiyuran / November 24, 2018
I need to check the google to see what is the difference of this procedure from the Court Case proposed by TNA against New King on the day he refused to accept the third NCM. If that had been continued without Ranil blocking it to meet Old King and New King in a secret meeting, by now, some reply might have been given by the Court. Still it is not late. So far they Old Royals have sold only Jay terminal to China. Before they give out the country, somebody need to do something.
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Puvana Chandra / November 24, 2018
Leaving all the clauses,sub clauses ,sections and sub sections aside ,the MPs should look at conventions,parilamentary traditions and abovecall pricedures based on moral values.
Recent actions by a politically immature President and a seasoned but self centred politician like MR make us wonder what really is the driving forces behind our politicians.Service to the nation or “Self Service ” at any cost.Shameless behaviour and the people know it well.A proper reply through the right democratic channel awaits them all
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Nathan / November 24, 2018
If these low grade politicians’ only aim is to be in power to protect their interests and cover up their crimes then none of these things are going to be effective. Only answer is for the people to rise up against the goons and kick them out. They have come to such a level of undermining the country for their personal interests and thus no civilised democratic system or constitution is going to work. It has come to such a low level average citizen cannot trust any of these guys and the system. Honest officials cannot survive or do their duty.
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Vanguard / November 24, 2018
Challenge the government? Good luck and bright future to you. Really.
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Mallaiyuran / November 24, 2018
Even if the case against EP to have him to accept majority parliament’s decision was lost, it would have been better than getting a victory in Writ Of Quo Warranto. Even if this case is won in the Court of Appeal, it will not make Old King to give up the purported PM position. Illegal government will continue.
This sounds like Ranil’s usual idea of keeping SC at arm length not to allow it to participate into the triangle government with check and balances. When 19A was passed, he did not take any hardship to balance the Parliament or SC in the triangle power sharing with EP. 19A’s main failure is it concentrated how to stop EP firing PM, only until a SLFP president sitting over Ranil, him as the PM (i.e Jan 2020). It was such an extremely narrow minded draft and 8th graders who know only to rob the stores in the day light and remit it at their bank, voted for that. Ranil is the outstanding leader in the history of corrupting and subjugating SC, even more than Old King or JR. He did not vote in parliament but was accepting Wimal dismissing Shiranee. He personally dismissed two CJs, not even taking them to Parliament.
People no longer feeling that removing EP is needed because they have learned a lot to be used this oppression. People no longer feel democratically abolishing EP in Lankawe is possible, either. It is a truth too. No insane person will ever cooperate to remove it, after ascending to it, if he/she had witnessed how flexibly and arbitrarily the mad man New King is wielding the EP sword on others.
But if a case against the EP has been lost, that could be used as a new inducement to make people to vote for another EP removal call in the next election.
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thilan / November 24, 2018
We as idiots from anti slfp writing comments and blaming rajapaksas but there is nothing get changed and slfp and their business class running the country with out caring about what happened in Parliament, or speaker of Parliament said, the business community is very happy because their boss back in seat. To face this powerful dictorial party like slfp the pathola patty like unp will not suit.there were quite good news that all anti slfp parties is coming under one alliance under diamond symbol.no unp,no slmc no hela urumaya, it is only concept is anti slfo of Mahinda. This is a huge good practical move since with 22% vote base a party like unp unable to face a super power capital business party like slfp which has the block vote base of 47% as a single party. With maithrees entry they will get at least another 8% votes. The slfp vote base is 200% bigger than small vote base of unp, slfp has high ranking business class, media money every thing but unp does not have anything. So this good for countries democracy the all anti slfp parties came to form a alliance under simble of diamond by coming out of their parties to face the huge super capitalist party the single slfp. JVP if you have any problem with unp after forming this alliance there is no any party called unp any more after forming diamond alliance so please support them to form the alliance to face the power super capitalist slfp.
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puppet on a String / November 24, 2018
President has no power
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Lanka Nitizen / November 24, 2018
The frequent wording Westminister used should not be misunderstood ,,it does not mean I am suggesting a house of commons and lords and A queen or king ,in short it is in no way a copy paste of UK system totally.
what my wording of westminister mainly means is a responsible governence ,which means a governent that can be held accountable without impunity,which is westminister is all about .
The previous constition gave total impumity to one man & made him/her more powerful and untouchable by anyone ,more poweful.even than the american president .
cont..
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Lanka Nitizen / November 24, 2018
The republic constitution and the Excutive predidency both have failed and the worse is the 19th amendment.
The 19th amendment gives plenty of loopholes to qoute out of context and confuse the comon folk.
I wonder if the supreme court can intervene to read out the amendment contexually and issue a verdict and end the hell people are put through .
can.you imagine people like SB,Dilan and wimal explaining constitutiion ?
The only man I believe who has that capacity is Mr.Kabir Hasheeem in the parliment .
what politicians must understand is when they bring in.short term amendments it can backfire on them oneday .
Even the republic constitution did not work either, having just two camps one goverment and thee other oppsition never enabled accountibility .
we need a senate that consists of members from all political parties ,few activists to make sure our enviorment is not compremised,financial experts and legal experts to be the right balance all members of tye Senate must be elected and re elected in mid term.of the goverment to evaluste their capabities and ofcause their intergrity.
The President should be made cerimonial,maintain the position of cheif of Staff of the Tri forces and the piriod of office should be ectended fir ten years without wasting funds on another election.
This is thee only way the government can.be held accountable and wipe impumity out.
The constitution needs a complete change and The police should be independent and left to do their job with dignity to their uniform.
The asssult of un armed men uniform is unforgivable and sends shivers down ones spine ,if these men who are suppose to protect the public wete assaulted and they are unable justice ,what is our situstion?
Csn you see the power of impunity of this constitution even after an amendment of curtailling it ?
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Mallaiyuran / November 25, 2018
Now I understand that these are two cases. The first case filed on behalf of the 122 MPs. Other one is on behalf of Prof. Sarath Wijesooriya. In both cases TNA lawyers will be participating.
I still want to know why didn’t try to enforce the legal NCMs at SC? That is an action worth even it if failed
கான முயலெய்த அம்பினில் யானை
பிழைத்தவேல் ஏந்தல் இனிது.(குறள் 772)
Translation:
Who aims at elephant, though dart should fail, has greater praise;
Than he who woodland hare with winged arrow slays.
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Lanka Nitizen / November 25, 2018
Constitution matters ,continued
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Taking into consideration of going for any elections under the existing constitution should be a matter of serious worry for all citizens.
It would be most unfair to pin the entire suspicion of constitiional abuse only on Mr.Mahinda Rajapakshe &Camp, it can be done by any one & any camp who may come to power under the same constitution,plainly on fear of loosing it , political power that ensures total impunity can even turn the simplest man into a power hungry person who would go to any extreme to hold on to it at any cost ,infact even at ones own life, we seen the miserable state of the way ,Ghadaffi & Saddam died ,the way Assad is using his excutive Presidency powers that has turned millions into refugees and many dead, only to hold on to this dope of power it is worse than any dope.
cont…
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Lanka Nitizen / November 25, 2018
Constitution matters-Cont.
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This is the most fearful consequences that could occour ,
1) if the winning camp “whoever ” manages to secure a majority can and am more than certain will ,either reverse by anulling the 19th amendment & retreet to the JR’s model ,
2)Or bring in extra powers to strengthen the impunity at hands now or opt for a next to impossible irreversable model with ab Excutive Prime Minister ,who can enjoy the position by any means from legally through his majority MPs to illegally rigging elections freely at his will for lifetime ,one can imagine that state of affairs there after.
cont…
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Jay / November 25, 2018
These PMs could have done this writ application well before when MRs clan continously disrupt parliamentary proceedings.
I belive MaRs loyal lawyers may would argure the voting was against the rules, saying you need a proper debate before the votes is taken. They also put forward that the suspension of stabding orders is not warranted in this case and no such emergency exists.
GL will twist his tongue and circumstantial evidence to counter argue. The others are Sarath N and Dolawatte.
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Nimal Tissa Wijethunga / November 25, 2018
The main question is when SC has issued the interim stay order, can the speaker re-convene the parliament until decision comes on the 07th December 2018 by SC?
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Lanka Nitizen / November 25, 2018
A Citizen’s thought and suggestions for a new constitution (For Sri Lanka)
The powers of the Chamber and the Senate.
Chamber
while some powers may be allowed to be exercised by the Chamber especially the provincial councils and their other local governing bodies allowing The provinces and its local bodies to administer day to day activities in a self governance manner with supervised powers by the chamber.
The Senate
( meaning literally :A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: Senatus),so-called as an assembly of the senior (Latin: senex meaning “the elder” or “old man”) and therefore allegedly wiser and more experienced members of the society.
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The budget and the State accounts and the authority to force a government to resign by an absolute majority of its members adopting a no-confidence motion , After which proposing the president the appointment of a successor to the Prime Minister within three working days or so and proceed for either a parliament referendum to reelect a New Government and PM or by general election.
The Senate also should have powers to settle conflicts of interest that may arise between the Parliament and the provinces, its people and all its district administrative bodies .
important powers, such as changes of the Constitution, approval of laws and changes of international conventions should be administered by both
The absolute purpose should never be lost , which is for the Chamber and the Senate together to uphold the public interest of the State.
note:
Senate could considered to be made up with some members of the government ,opposition ,members of Provincial council ,reputed retired judges ,Financial experts , social and other activists .
special Note:
proposing the president the appointment of a successor to the Prime Minister.
only on the proposal and approval of the senate should the President be allowed to appoint a Temp (caretaker PM)
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