The Attorney General yesterday informed the Court of Appeal that Jaffna District Parliamentarian Dr. Ramanathan Archchuna continues to hold office as a public officer, raising serious threat to the principle of separation of powers.
Additional Solicitor General Sumathi Dharmawardhana PC, appearing on behalf of the State parties, made this revelation when the writ petition challenging Dr. Archchuna’s eligibility to serve as a Member of Parliament was taken up for support before the Court of Appeal.
He noted that a public officer concurrently serving as a Member of Parliament poses a serious threat to the principle of separation of powers.
At a previous occasion, the Attorney General informed Court that Dr. Archchuna remains interdicted from service due to a pending disciplinary inquiry. The Attorney General had further informed Court that documents substantiating that MP Archchuna remains interdicted from service have already been filed before court.
Meanwhile, Counsel N.K. Ashokbharan, appearing for the petitioner submitted to the Court of Appeal that Parliamentarian Archchuna is disqualified from being elected as a Member of Parliament, and from sitting and voting in Parliament, as he remains a public officer to date.
Counsel Ashokbharan, appearing for the petitioner, made this submission when the writ petition challenging Dr. Archchuna’s eligibility to serve as a Member of Parliament was taken up for support before the Court of Appeal.
He further submitted to the Court that the parliamentary seat in question has become vacant under Article 66(e) of the Constitution. He urged the Court to issue formal notices and grant interim relief preventing the said MP from functioning in his role until the final determination of the matter.
The Court of Appeal bench comprising of Justice Mayadunne Corea and Justice Mahen Gopallawa fixed the matter for further hearing on July 2.
Social activist Oshala Herath filed this petition seeking an order in the nature of a Writ of Quo Warranto declaring that Dr. Ramanathan Archchuna is disqualified to be a Member of Parliament.
The petitioner stated that Dr. Ramanathan Archchuna is a public officer attached to the Ministry of Health and, therefore, as a public officer, he has a contract with the state.
The petitioner stated that Article 91(1)(e) of the Constitution bars individuals who hold any interests in public contracts from election as a Member of Parliament.
The petitioner further stated that Dr. Ramanathan Archchuna functioned as Cover up Medical Superintendent of Chavakachcheri Base Hospital and was later annexed to the Teaching Hospital of Peradeniya. The petitioner stated that Dr. Archchuna’s Facebook profile, on or about 29th September 2024 publicly disclosed that he was interdicted pending disciplinary action by the then Secretary to the Ministry of Health. Therefore, the petitioner stated that Dr. Archchuna is disqualified to be a Member of Parliament under and in terms of Article 91(1)(d) and 91(1)(e) of the Constitution.
N. K. Ashokbharan with Shenal Fernando appeared for the Petitioner Oshala Herath. Senani Dayaratne with Nishadi Wickramasinghe appeared for MP Ramanathan Archchuna. ASG Sumathi Dharmawardhana PC appeared for the State parties.