'Maithripala Sirisena's Presidency Illegal' - Prof. Nalin De Silva

February 13, 2015

Professor Nalin de Silva argued that President Maithripala Sirisena's election is null and void according to the government's own arguments.

Speaking at the seminar "Mahinda Nathi Rata?" (The country without Mahinda?) organized by 'Jaathika Balaya' organization yesterday, he said that the constitution has provisions so that even if a wrongly appointed judge serves in a court, its decisions are valid. However, it does not speak of someone whose appointment is null and void, de Silva argued.

If Mohan Peiris's appointment was null and void, he has not been appointed and then all his decisions are also null and void, the professor said. If so, the decision that Mahinda Rajapaksa can stand for a third term is nullified and therefore the presidential election is also null and void. If so, the election of Maithripala Sirisena as President was illegal, de Dilva argued.

Professor Nalin de Silva said that the president had not removed the former Prime Minister D.M. Jayaratne from his post before appointing the new Prime Minister. Therefore, the appointment of the new Prime Minister was illegal, he argued.

He said that the Parliament had voted for Dr. Shirani Bandaranayake's removal as Chief Justice according to the correct procedure. Even if it had not, only the Parliament, not the President, can question the procedure, Prof de Silva said. Therefore, Mohan Peiris should still be the Chief Justice, he said.

Nalin de Silva said that the country without Mahinda Rajapaksa is in danger of becoming federal if it remains one, or can even break into two. To stop this from happening Rajapaksa should be made Prime Minister in the coming general election, he said.

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