Maithreepala
Sirisena was elected as the President of
Sri Lanka by the people of Sri Lanka . Ranil Wickramasinghe was
elected a member of Parliament from Colombo
by the supporters of his political party-UNP.
The
President of Sri Lanka appointed Ranil Wickramasinghe, who in opinion of the President was the Member of
the Parliament who ( at that time in
August,2015), commanded the confidence
of the majority in the Parliament. It is
understood that according to the Constitution that the Prime Minister would continue to hold
office as long as he Ranil Wickramasinghe is in the opinion of the President of
Sri Lanka continues to command the confidence of the majority in Parliament.
In
consequence the Prime Minister Ranil Wickramasinghe cannot challenge the
President , if the President due to any changed
circumstances appoints another Prime Minister to replace him.
Since the
26 October,2018, the Temple Trees is occupied by the ex Prime Minister ,
claiming without any proof by an order issued by the Supreme to the contrary,
that he is still the Prime Minister.
The Temple
Trees is a public property and the
taxpayers have the right to ask why no action has been taken to evict Ranil
Wickramasinghe from the Temple
Trees.
Ranil W-MP,
may claim
in defence that he had been removed
illegally from office and that he as the former Prime Minister has the right to
remain in the Temple Trees, until the New Prime Minister Mr.Mahinda Rajapakse
sworn in by the President shows a majority in the Parliament.
But Ranil
W- MP, was not removed by the President,
but he lost his position as Prime Minister due to some members leaving the Cabinet.
Ranil
Wickramasinghe MP, cannot claim that he is still the Prime Minister and the
President swore in a new Prime Minister illegally, as it is the right of the President of Sri
Lanka Maithreepala Sirisena to take a decision when circumstances change, and
it becomes necessary to appoint another Prime Minister. It is then normal that the President would in
terms of the Constitution swear in a person who in his opinion commands the
confidence of a majority in the Parliament as his New Prime Minister
But if RanilW-MP,
believes that he has a majority in the
Parliament, then it is for him to go to the Supreme Court and ask for an
opinion about his right to be in office
and therefore to continue to reside at the Temple Trees.
The
President of Sri Lanka
need not go to courts on the issue as he
had been elected by the people of the country, and he has the right to act in
terms of the Constitution- acting where
necessary on legal opinion.
The Prime
Minister Ranil Wickramasinge was not elected by the people, but was only sworn in by the President as it was his
opinion that at the time of swearing him in as the Prime Minister he could command the confidence of a majority
in the Parliament.
Situation
has now changed and the President Maithreepala Sirisena has sworn in a new
Prime Minister a member of the Parliament who in his opinion commands the confidence of
a majority in the Parliament.
It is
the President’s opinion which is necessary
in terms of the Constitution and not the
necessity for the new Prime Minister to
show a majority in the parliament. The deposed Prime Minister has no right to
question the new Prime Minister to show a majority in the Parliament. It is for
him to show the contrary by taking a decision of the Supreme Court.
Therefore,
when Ranil W –MP lost his position of
Prime Minister when the cabinet became dissolved by a number of Ministers
leaving the Cabinet. Ranil W-MP has no
legal right to oppose the decision of the President of Sri Lanka.
If he claims that he did not loose the Office of the Prime Minister, when a number of Cabinet
Members left the Cabinet, then he has
to prove that despite some members leaving
the Cabinet he is still the Prime Minister by getting an opinion from the Supreme Court.
Until
then he has no right to remain in the
Temple Trees. The Office of the Prime Minister Rajapakse should serve a notice on Ramil Wickramasinghe demanding him to vacate the Temple Trees immediately.
If not
the Government has the right to deploy the Police Force and even the Armed
Forces if necessary to remove Ranil Wickramasinghe whois illegally occupying theTemple Trees. The Government
should claim from Ranil Wickramasinghe compensation for the period he had
remained in the Temple Trees.
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