Wednesday, 07 May 2025
No legal restriction against Fonseka's position as MP

No legal restriction against Fonseka's position as MP Featured

There is no legal restriction against leader of Democratic Party Field Marshal Sarath Fonseka swearing in as a national list parliamentarian of United National Party (UNP), says UNP.

UNP minister stated the above commenting on a report published in a weekend newspaper stating that though Sarath Fonseka joined UNP to fill the seat left vacant by Minister M.K.D.S. Gunawardena, there are number of legal and ethical issues that has emerged with regard to his appointment.

The Minister, who requested to keep his identity a secret, stated that the approval to appoint him to the particular position will be obtained at the UNP Working Committee meeting which is to be held on 08 February.

Accordingly Sarath Fonseka is to swear in before the Speaker on 09 February as a parliamentarian.

Article 91 :
However, the newspaper report points out that constitution of Sri Lanka does not allow Sarath Fonseka to take up a position of a parliamentarian.

The report states that according to the article 91 an individual being a member of the Regular Force of the Army, Navy or Air force is considered a disqualification for election as a member of parliament.

Fonseka was awarded the honorary rank of Field Marshal by the President Maithripala Sirisena on 22 May, 2015.

It is a lifetimes position which does not involve retirement.

Though a Field Marshal does not have the authority to issue orders to the Army he is offered a salary and allowance considering him as an active and permanent member of the Army.

Gazette Notice

However, following an inquiry made by 'Sri Lanka Mirror' it was identified that the gazette notice, which declares Sarath Fonseka as the Field Marshal , does not indicate that he is offered a salary or allowance considering him as an active member of the Army or that it is a lifetime position.

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