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