Mahinda cannot become P.M. or speaker under existing laws..! If he is appointed by any chance president is liable for FR violation

(Lanka-e-News- 15.July.2015, 10.20PM) 

The  announcement made by president  Maithripala Sirisena yesterday in his address to the nation notwithstanding, exposing  ex president Mahinda Rajapakse, it has now been proved based on the existing laws  that the latter is not elgible for the post of speaker or prime minister (P.M)  even if Kurunegala district SLFP candidate Mahinda Rajapakse gets elected to parliament.

Under the present constitution, Mahinda Rajapakse cannot hold the post of prime minister or speaker.

Mahinda Rajapakse who changed the constitution  based on his maniacal greed for power  to continue forever in power cannot even become a prime minister under the 19 th amendment to the constitution. In other words , despite Mahinda Rajapakse moving heaven and earth to secure the post of prime minister supported by his villainous slaves , due to this 19 th  amendment , all their hopes and dreams of making him a P.M. have been dashed to the ground.

 “If the president has been elected twice on  people’s votes ” , by the 18 th amendment of  92 ( c) of the constitution the barrier that existed against his  appointment again was withdrawn . But  the subsequent 19 th amendment has restituted that prohibition.

Accordingly,

Those below the age of 30 years

Those who are barred from holding the  post of member of parliament

A president who has been elected twice by the people ,as well as a president who has been  removed on  an impeachment motion cannot be   appointed to post of president under 92 of the constitution.

Therefore when Mahinda Rajapakse is not eligible  to hold the post of president , it necessarily  presupposes that he is  not eligible to be appointed as acting president to carry  out the duties of president.

38(2) and 40 (2) ( c ) of the constitution clearly stipulate that , it is the prime minister or the speaker shall act for the president . In the circumstances , Mahinda Rajapakse who is not eligible even to be acting president cannot hold the post of  prime minister or speaker. 

Moreover 40(1( (a) of the constitution very clearly states , in case the presidency terminates prematurely , it is a member of parliament who is eligible to become a president who should be selected, and not a member of parliament who is ineligible to be elected as the president .

Accordingly , Mahinda Rajapakse who was appointed as president a second time in 2010  is not eligible to be prime minister or speaker.

35(1) of the constitution states the circumstances under which legal action cannot be filed against the president:  Cases cannot be filed in respect of any matters done or not done by him in his official  status or privately.

Hence, if the incumbent president apppoints  Mahinda Rajapakse  to the post of P.M., there is nothing to forbid a fundamental rights petition being filed against it, meaning that if Mahinda is appointed P.M. , under the 19 th amendment to the constitution , there is nothing to bar the filing of a FR petition against the president for violating fundamental rights.

By Sameera of the legal research division of Lanka e News
Translated by Jeff