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Sri Lanka Law Reports
120001 2 S ri LR .
Supplies and as a director of a company called Senaratne
Dental Supplies (Private) Ltd. Therefore petitioner has stated
in his petition that the 1st respondent is guilty of having such
interest in such contracts entered into with the State
Institutions or Public Corporations as contemplated by Article
91(1)fe) of the Constitution of the Democratic Republic of Sri
Lanka 1978. In the circumstances the 1st respondent is
disqualified in terms of the said Article i.e. 91(1 )(e) of the
Constitution to sit and vote in Parliament and further that the
1st respondent's office as a Member of Parliament has become
vacant in terms of Article 66(d) of the Constitution with effect
from 9thNovember 1995. In view of the said disqualification of
the 1st respondent, the petitioner moved this Court for a
declaration that the l 8t respondent has no right to hold office
as a member of Parliament and that his appointment is void.
Further the petitioner has moved for a writ of Mandamus on
the 3rd respondent, erroneously referred to as the 2nd
respondent in the prayer, directing him (3rd respondent) to
prevent the 1st respondent from functioning, sitting and voting
as a Member of Parliament.
It is stated by the petitioner that the 1st respondent while
holding the office of a Member of Parliament is carrying on a
partnership business under the name and style of M/s
Senaratne Dental Supplies engaged in the business of
importing and distributing dental equipment and material. It
would appear from the document marked P37 dated 21.06.
1991 and P38 dated 09. 03. 1992 that the partnership had
commenced its business on 31. 07. 1985. Further by
documents marked P2-P10, P13-P17, P25 and P26 annexed to
this application, it would show that the said partners hi p
business had not been dissolved but had continued to do
business up to 25. 08. 1998. In addition, the petitioner has
stated that the l sl respondent has also incorporated a
company called Senaratne Dental Supplies (Private) Limited,
under the provisions of the Companies Act and has registered
the company on 13. 12. 1995, (vide P33) which is engaged in
the import and distribution of dental equipment and material.