Dilan Perera v. Rajitha Senaratne (Yapa, J.) CA 87 Dental Supplies (1st respondent’s partnership) and some contracts in the name of Senaratne Dental Supplies (Pvt) Ltd. ( l sl respondent’s Private Company). Perhaps it may be due to this reason that at the hearing of this application, the learned Senior Counsel for the 1sl respondent did not seriously contest the submission of learned Counsel for the petitioner, that the 1st respondent held various contracts with the Government Departments and Institutions and has been doing business with them. The main point that was veiy strenuously argued by Mr. Choksy, learned Senior Counsel for the 1st respondent was the absence of any law prohibiting a Member of Parliament from entering into contracts w ith any G overnm ent Institutions, and therefore there was no possibility of taking any action against the 1st respondent in respect of the alleged contracts. Before considering this argument of Mr. Choksy, it is necessary to keep in mind the following salient features. That Article 91(1) (e) of the 1978 Constitution prohibits a person from being elected as a Member of Parliament or sitting and voting in Parliament, if he has entered into any prohibited types of contracts. This is veiy clearly provided for in the 1978 Constitution. The position was the same under the 1972 Constitution in view of Section 70(1)(d). In the 1978 Constitution Article 91 (1 )(e) provides as follows:91(1) No person shall be qualified to be elected as a Member of Parliament or sit and vote in Parliament: (e) if he has any such interest in any such con tract made by or on behalf of the State or a public corporation as Parliament shall by law prescribe: Therefore it is to be observed that unlike in the case of the Donoughmore Constitution and the Soulbury Constitution where there were self contained disqualifications in regard to con tracts with the State Or State Institutions, 1972 and 1978 Constitutions required the legislature to specify by law enacted by the National State Assembly or by Parliament, to

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