H. A. Bhaila, nominated member of parliament of the UNP, had challenged his purported expulsion from the party, notified to him by the General Secretary of the UNP, on April 5, 2005.
The petition said that after the General Election of April 2, 2004 the UNP had nominated bhaila as an elected MP of the UNP.
Subsequently on May 18, 2004 Bhaila had crossed over to the government ranks, from the UNP.
The President had appointed him as a Deputy Minister.
The petition said that the SLMC and the UNP had an electoral agreement. Bhaila had resigned from the SLMC, but had worked for the SLMC without a membership. After the crossing over to the government ranks the SLMC had taken steps to expel Bhaila from the SLMC, and sought to get him unseated from Parliament. Bhaila had complained to the Supreme Court.
The court had upheld the contention of Bhaila that, SLMC could not expel him, since he had resigned from membership. The court in the judgement of case No. 3/2004, a debarned the SLMC and the UNP from taking step to unseat Bhaila, from Parliament, consequent to the purported expulsion from the SLMC.
Thereafter on April 6, 2005, The Secretary General of the UNP had informed Bhaila that he is expelled from the UNP. The Secretary General of the UNP, had sent a copy of his letter dated April 6, 2005 to the Secretary General of Parliament, requesting her to take steps to unseat Bhaila, from Parliament.
The petition said that in view of a previous judgement of the Supreme Court in Case No. Expulsion 3/2004, the UNP could not take steps to expel Bhaila from parliament.
The present petition bearing No expulsion 1 of 2005, requested the court to declare null and void, the purported expulsion of Bhaila from the UNP, and to declare that he remained a nominated MP of the UNP.
Among the respondents are the Sri Lanka Muslim Congress, its leader Rauf Hakeem, the General Secretary of the SLMP, the UNP, its leader Ranil Wickremasinghe, the General Secretary of the UNP, N. V. K. K. Weragoda and the Secretary General of Parliament, Mrs. Priyani Wijesekera.