Harin and Manusha lose parliamentary seats after supreme court ruling

The Supreme Court of Sri Lanka ruled today (August 09) that the Samagi Jana Balawegaya’s (SJB) decision to expel Ministers Harin Fernando and Manusha Nanayakkara from the party is lawful, resulting in the loss of their parliamentary seats and ministerial portfolios.

This decision was reached by a three-member Supreme Court bench consisting of Justices Vijith Malalgoda, Achala Vengappuli, and Arjuna Obeysekara, who dismissed the petitions filed by Fernando and Nanayakkara challenging their expulsion.

The controversy began in May 2022 when the SJB suspended the party memberships of Fernando and Nanayakkara after they accepted ministerial positions in the government, contrary to the party’s stance.

Harin Fernando was sworn in as Minister of Tourism and Sports, while Manusha Nanayakkara took on the role of Minister of Labour and Foreign Employment.

They justified their decision by stating their commitment to addressing the ongoing economic crisis, citing a lack of cooperation from other political leaders.

Following the resignation of President Gotabaya Rajapaksa in July 2022, Fernando and Nanayakkara resigned from their ministerial posts along with the rest of the Cabinet, only to be reappointed to the same positions by President Ranil Wickremesinghe later that month.

On July 18, 2023, the SJB’s Working Committee decided to expel both ministers from the party, leading to the legal challenge that culminated in the Supreme Court’s ruling on August 9, 2024.

The court’s decision confirms the legality of the expulsion and the subsequent loss of their political positions.

Legal representation for the parties involved included Faiszer Musthapha PC for Manusha Nanayakkara, Romesh de Silva PC for Harin Fernando, and a team comprising M.A. Sumanthiran PC, Viran Corea PC, Dr. Jayampathy Wickremaratne PC, Counsel Hejaaz Hizbullah, and Sampath Wijewardane for the SJB leader and General Secretary.