CA Dilan Perera v. Rqfitha Senaratne (Yapa, J.) 89 in any such contract with the State or State Institutions. First situation Counsel submitted is due to the repeal of the Ceylon (Parliamentary Elections) Order in Council, 1946, and the second situation is due to the failure of Parliament to pass the necessary law under Article 91 (1)(e). Learned Counsel even went to the extent of submitting that the predicament is such that the relevance and applicability of earlier decisions on the subject and more particularly the case of Dahanayake us. D e Silva111, will require careful consideration and scrutiny in the present context. However, before considering this argument of learned Senior Counsel, it is appropriate to examine the manner in which the Supreme Court approached a similar argument raised by Counsel under the 1972 Constitution in the case of Dahanayake us. De Silva referred to above. In that case the Supreme Court had to consider whether a contract between a Member of Parliament (at the time of Election) and a State Corporation entailed any disqualification in terms of section 70(1 )(d) of the 1972 Constitution. As observed above, even under the 1972 Constitution, the National State Assembly had failed to specify by law the disqualifications contemplated by Section 70( 1)(d). In the case of Dahanayake us D e Silua(supra) the main issue was whether there was any law applicable even though the National State Assembly had admittedly failed to specify by law “such interest” in any “such contract" for the purpose of disqualifications contemplated by Section 70( l)(d). In the present case also we are faced with a similar issue. Therefore in my view the following passage in the judgment of Samarakoon C.J . in Dahanayake vs De Silva(supra) is not only illuminative but would provide the necessary background from which one should approach the arguments advanced by Counsel. Samarakoon, C.J. in the course of his judgment at 49 stated as follows: “It is an admitted fact that the National State Assembly did not, during the whole of the period that it was in existence, specify by law “such interest” in any “such contract” for the

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