Sri Lanka Law Reports
102
1200012
S ri
L R.
From the material referred to above, it is manifestly clear
that Section 13(3)(c) of the Soulbury Constitution should be
considered as the law applicable as at present, when
considering the disqualification referred to in Article 91(1 )(e).
Further it is quite clear that the 1st respondent has entered into
several proh ibited con tracts w ith the G overnm ent
Departments and Institutions, and therefore he has
disqualified himself in terms of Article 91 (1 )(e) from sitting and
voting in Parliament. In other words the 1sl respondent cannot
function as a member of parliament and his office as a member
of Parliament would become vacant in terms of Article 66(d) of
the 1978 Constitution.
For the aforesaid reasons we make order granting the writ
of quo warranto as prayed for by the petitioner, declaring the
appointment of the 1st respondent as a member of Parliament
void and that he has no right to continue to hold office as a
member of Parliament. Therefore by granting a writ of
mandamus as against the 3rd respondent (Secretary
General of Parliament) we direct him to take necessary and
consequential steps in terms of the law. Further we deeply
appreciate the assistance given to us by Counsel.
DE S IL V A , J.
-
I
agree.
Writs o f Quo Warranto and Mandamus issued.