Shirani Bandaranayake

An impeachment motion against Bandaranayake signed by 117 UPFA MPs was handed to Speaker Chamal Rajapaksa on 1 November 2012.[12][13] Speaker Chamal Rajapaksa revealed the 14 charges against Bandaranayake on 6 November 2012 which included failing to disclose financial interests, abuse of power and disregarding the constitution.[14] Bandaranayake has denied the charges and refused to resign from her position.[15]

An eleven-member parliamentary select committee (PSC) consisting of seven ruling party MPs including Mr.Rajitha Senaratne, Mr. Anura Priyadarshana Yapa, Mr.Susil Premjayante and four opposition MPs was appointed to investigate in to the impeachment charges.[16] Impeachment hearings were held on 23 November 2012, 4 December 2012 and 6 December 2012 when Bandaranayake walked out of the hearing.[17][18][19] The opposition MPs withdrew from the PSC on 7 December 2012.[20][21] The PSC's report was presented to Parliament on 8 December 2012.[22] The PSC found that three of five charges against Bandaranayake had been proven and this was enough to remove her from office.[23][24] She was found guilty of impropriety in a property transaction (1st charge), having undeclared bank accounts (4th charge) and conflict of interest in a legal case involving her husband (5th charge).[25][26] She was found guilty on the second and third charges; the remaining nine charges were disregarded by the PSC as the others were enough to remove her from office.[27] Opposition MPs rejected the PSC report, saying "This was not an inquiry it was an inquisition".[28] The PSC's report will now be sent to President Rajapaksa and then Parliament will vote on the impeachment motion in the new year.[29]

The Supreme Court ruled on 1 January 2013 that the PSC had no power to investigate allegations against the chief justice and the impeachment was therefore unconstitutional while she was still in the office because she was dismissed from her position on 13 January 2013.[30][31] Bandaranayake appealed against the PSC and on 7 January 2013 the Court of Appeal quashed the PSC's findings.[32][33]

The impeachment motion against Bandaranayake was debated by Parliament on 10 and 11 January 2013.[34] The motion was passed by Parliament with 155 MPs voting for and 49 MPs voting against it.[35] Bandaranayake was removed from office on 13 January 2013 after President Mahinda Rajapaksa ratified the impeachment motion passed by Parliament.[36][37] Bandaranayake was replaced as chief justice by former Attorney General Mohan Peiris.[38] and later on 28 January 2015

She was reinstated into her office of the Chief Justice by President Maithripala Sirisena after issuing marching orders on her successor, provided that her impeachment was illegal.

What transpired on 28 January 2015 was due to a procedural impropriety on the part of the Parliament, which subsequently became a legal impediment to validity of the executive order by President Mahinda Rajapaksa. This was rectified by his successor, President Maithripala Sirisena.

On 6 November 2013, 116 members of Parliament tabled a motion that sought to set up a Parliamentary Select Committee to investigate on 14 charges that had been brought against her. Accordingly, the PSC was set up and had several sittings. They concluded their inquiry, finding her guilty of 3 of the 14 charges[39] and reported to the Speaker recommending the removal of Dr. Bandaranayake from the Office of the Chief Justice. The Parliament debated the findings on 9 and 10 January 2013 and decided to vote for the impeachment on 11 January 2013.

Due to an error on the part of the government, instead of an address of parliament to the president empowering him to remove the Chief Justice, Parliament on 11 January 2013, voted on a motion of impeachment, that sought to set up a Parliamentary Select Committee to investigate 14 charges that had been brought against her, the problem was, that motion had already been voted upon on 6 November 2012.

It was this same motion that had been included on the Order Paper two months earlier, when the UPFA controlled Parliament was preparing to impeachment her.

On 11 January M. A. Sumanthiran MP, raised the matter and the Speaker adjourned the House for 10 mins to seek clarification.[40] In blatant disregard to Parliamentary Procedure he noted that the original motion seeking to set up a PSC 'would suffice' and proceeded with the vote.

Mahinda Rajapaksa ratified the impeachment motion passed by Parliament.

However, in accordance with Article 107[2] of the constitution of Sri Lanka, if a judge is found guilty, Parliament must present an address to the president, requesting him to remove the judge.[41] On the contrary what Parliament sent President Rajapakse was the motion of impeachment calling for the setting up of a second PSC and it did not empower President Rajapaksa to remove Dr. Bandaranayake according to the terms of the constitution. In essence, President Mahinda Rajapaksa acted without legal authority to remove Bandaranayake, eroding the sacking of its legal validity.

Effectively no vacancy of the office of Chief Justice was created.

Based on this technical problem, on 27 January 2015 President Sirisena informed Mohan Peiris that the 2013 impeachment of Dr. Bandaranayake was unlawful and as such the appointment of Mohan Peiris was void Ab initio. This removed all obstacles for Dr. Bandaranayake to hold her position as the 43rd Chief Justice and paved the way for her to resume duties on 28 January 2015.[6] She resigned from the post on the following day and was succeeded by K. Sripavan the most senior judge of the Supreme Court.