CA D iian P erera u. R a jlth a S e n a ra tn e (Y a p a , J .) 93 only with the point of time of the election and not applicable to the subsequent period of sitting and voting in parliament. As held by the Supreme Court in the case of Dahanayake vs. De Silva,(supra) that the National State Assembly had the power to pass substantive laws on certain matters in terms of Section 73(e) and (f), in the same way, we hold that in terms of Article 101 ( l)(i) Parliament still has the power to pass laws necessary in respect of disputed elections and such other matters as are necessary or incidental to the election of Members of Parliament. But as stated in the proviso, no such law shall add to the disqualifications specified in Articles 89 and 91. It is inherent in the proviso that the Parliament has the power to pass the necessary laws. In the result it would appear that the framers of tire Constitution had in mind the need to take action to implement the provisions of Article 91(1 )(e) in terms of Article 101 (1) (i). The term necessary or incidental to the election of Members of Parliament is wide enough to empower Parliament to pass the necessary laws as required by Article 91 (1) (e) to cover not only the point of time of an election but the subsequent period of sitting and voting in Parliament. Further it would be seen that Article 101(1) is the empowering provision for the Parliament to pass the necessary laws, to implement the provisions of Article 91(1)(e). Learned Additional Solicitor General Mr. Mansoof in the course of his submissions contended that according to Article 101 (1 )(i) Parliament could make provision with regard to “the manner of determination of disputed elections and such other matters as are necessary or incidental to the election of Members of Parliament" and the phraseology used in this sub Article would catch up disqualifications that could arise after elections and during the tenure of office of a Member of Parliament. Further he submitted that when a Member of Parliament is elected his sitting and voting as a Member of Parliament is necessary or incidental to such an election. Therefore in our view, it would be erroneous to think that the framers of the Constitution having stated in no uncertain terms in Article 91(1)(e) that no person shall be qualified to be elected as a Member of Parliament or to sit and vote in

Select target paragraph3