98
Sri Lanka Law Reports
1200012 S ri LR.
submission was made by Mr. Rajapakse, learned Senior
Counsel for the petitioner that the decision in the case of
Dahanayake vs. De Silva(supra) is part of the law now in force.
Even though learned Counsel for the petitioner did not
support this argument with any authority, his contention was
that irrespective of whether resort is made to the Ceylon
(Parliamentary Elections) Order in Council, 1946, or not.
Section 13(3)(c) of the Soulbury Constitution has been kept
alive and in force now, in view of the decision of the Supreme
Court in the case of Dahanayake vs. De Silva(supra). Therefore
it was submitted by him that Section 13(3)(c) of the Soulbury
Constitution should be considered for the purpose of giving
effect to Article 91 (1)(e) of the 1978 Constitution. However this
argument has to be considered in relation to Article 168( 1) of
the 1978 Constitution. In other words the question in issue is
whether, Article 168(1) would permit the Supreme Court
decision in the case of Dahanayake vs. De Silvaisupraj to be
treated as unwritten laws in force. On this matter the Supreme
Court decision in the case of Walker Sons & Co. (U.K.) Ltd. vs.
Gunatilake141is relevant and important. According to this five
bench decision of the Supreme Court, the ratio decidendi of
judicial decisions belongs to the category of unwritten laws
within the meaning of Article 168(1). Therefore it is to be
observed that the decision in the case of Dahanayake vs.
De Silva(supra) where it has been held that under the 1972
Constitution, Section 13(3)(c) of the Soulbury Constitution
was in operation to be considered for any disqualification by
reason of contract, should now be considered as part of the
unwritten laws in force for the purpose of Article 168( 1) of the
1978 Constitution. Once the highest Court of the land has
interpreted the law it becomes part and parcel of the law in
force. Decision in Dahanayake vs. De Silva being a decision of
the Supreme Court, this Court is bound by this decision.
The position regarding contracts under the Soulbury
Constitution is laid down in Section 13(3)(c) of the said
Constitution. Section 13(3)(c) provides as follows: