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Sri Lanka Law Reports
120001 2 S ri LR.
lay down the prohibited types of contracts and the prohibited
interests in such contracts. But in both these Constitutions
i.e. 1972 and 1978, it is very clearly laid down that no person
shall be qualified to be elected as a Member of Parliament
(National State Assembly in the case of 1972 Constitution) or
to sit and vote in Parliament if he has any such interest in any
such contract made by or on behalf of the State or a Public
Corporation as Parliament shall by law prescribe. However it
is common knowledge that neither the National State
Assembly nor the Parliament passed the necessary law to give
effect to the disqualification referred to above. Further it is also
clear that the necessary law had to be passed by the National
State Assembly in terms of the provisions of Section 73(f) in the
case of the 1972 Constitution and by Parliament in terms of
the provisions of Article 101 (1 )(i) in this case of the 1978
Constitution.
The argument of learned Senior Counsel for the l 9'
respondent is that, the Soulbury Constitution was repealed by
Section 12(1) read with schedule A of the 1972 Constitution.
The 1972 Constitution was repealed by Article 171 of the 1978
Constitution. Further Part ii and Part iii of the Ceylon
(Parliamentary Elections) Order in Council, 1946, were
repealed by the Registration of Electors Act, No. 44 of 1980
(vide Section 27(1)) and Part i and Parts iv to vi (both inclusive)
of the Ceylon (Parliamentary Elections) Order in Council,
1946, were repealed by Parliamentary Elections Act, No. I of
1981 (vide Section 130). Therefore learned Senior Counsel
contended that in view of the repeal of the Soulbury
Constitution, the 1972 Constitution and the Ceylon
(Parliamentary Elections) Order in Council, 1946, there is no
law applicable, which would prohibit a member from entering
into contracts at the time of election or at the time of sitting and
voting in Parliament. In other words it was Mr. Choksy’s
submission that today a Member of Parliament cannot be
disqualified either at the time of election by means of an
election petition or thereafter from sitting and voting by means
of a writ of quo warranto on the ground of having any interest