(Excerpts drom the “Ceylon Politics”Column by Gagani Weerakoon in the “Ceylon Today”of 26 February 2023)

President Wickremesinghe was in the Parliament Chamber on Thursday (23), all set to make a statement on Local Government Election 2023 and the conduct of the Election Commission.

In order to hold one, there was no election to begin with, as the Election Commission (EC) has not legally declared a date for holding the Local Government Election, he claimed.

“The EC has not legally fixed a date for the election. There are no funds to allocate for an election either. Even if there are funds, there was no election to begin with,” he said.

The President also said the Parliament Select Committee (PSC), proposed by a group of SLPP MPs, should be appointed soon to probe into the conduct of the EC and all the matters related to holding the LG Election.

Wickremesinghe did not stop there and went on to reduce the announcement of the election date to just a rumour.

“According to my understanding, there is no official date for holding the election, despite ‘rumours’ that it would be on 9 March.”

He alleged that the EC had set the date for the election at a meeting of its members, where there was no quorum.

“On 14 December I personally informed the Election Commission members about the economic situation of the country and instructed them to hold an election when the number of members of the Local Government election was reduced to 5,000. This was because holding an election at that time would not have been healthy for the economy. I took this step as I believed it was my obligation, given that this is not an ordinary Commission but a caretaker Commission,” the President said.

The President said after the 21st Amendment to the Constitution was passed by Parliament the Chairman and members of the Election Commission ceased to function from the day that this Act came into operation.

“This was on October 31, when the Speaker endorsed it. However, the members can continue to discharge their duties in accordance with the Constitution before the day they ceased to function. This is not an ordinary Commission, but rather a temporary Commission that is accountable to the Parliament. As such, they should have discussed the matter with the House, which has not been done, and this is a defect.

As the President, I personally informed the Election Commission about the situation, and there was no need for the Secretary to do so. On 5 January, the Attorney General, the Prime Minister, and I met the members of the Commission, not to discuss the postponement of the election, but because there was a division within the Commission. It was at this meeting that the Attorney General made a statement.”

The President critisised the Commission for consulting President’s Counsel Saliya Peiris to appear before on their behalf.
“The Attorney General instructed them to come to one decision. Then, they consulted Saliya Peiris. The members told me that the Commission cannot consult an attorney who engages in politics, but someone who is impartial. I said that I would not intervene in it, but I am of the view that if they needed they could consult an attorney who has not engaged in party politics. But they consulted an attorney who said that the government did not have power. In my opinion, it would have been better if they had consulted an attorney from SJB or JVP.

During the formulation of the Budget proposal, the Election Commission estimated that the election would cost Rs 10 billion. However, later they sent a letter to the Director General stating that they only required Rs 6 billion in liquid cash. As a result, the Ministry began to investigate the estimates as the Election Commission demanded less money while the Police demanded more. The other departments have yet to submit their estimates, but funds have been allocated for the election. This was a fundamental issue. The Finance Ministry does not need to respond to them. Chief Accountant G.R.A.K Gamalath signed on behalf of the Elections Commissioner General, which no one has the authority to do,” the President said.
It’s important to note that according to Section 104, a quorum of three members is required for any meeting of the Commission. On 22 January Nimal Punchihewa, the Chairman of the Election Commission, told a newspaper that the three commissioners had been contacted virtually via Zoom and their consent had been obtained. The 5th Commissioner, M.M. Mohommed, was present at the Commission office.

“That means those two, the Chairman and M.M. Mohamed, took the decision. He said so himself that he took the approval of the others. If you asked those three, they will not maintain the same view. I have proof to prove it. Then officially, they haven’t taken a decision to hold the election. So, if the money was given to them, I will have to remove my Secretary and make a complaint to the Police against him. The same will happen to the Government Printer too. They will all lose their jobs,” he stressed.
Meanwhile, the EC said 9 March was legally fixed to hold the election according to the Constitution of Sri Lanka and the election law.

The announcement to hold the election on 9 March was made with the approval of all the members of the EC, the Commissioner said.
After meeting on Friday (24) the Elections Commission formally announced that the Local Government Elections will not be held on 9 March and a fresh date will be announced on 3 March.
The decision was taken during a meeting by the members of the Election Commission on Friday.

In a statement, the Elections Commission said that the Commissioner General had decided to send a request to the Speaker of Parliament to intervene in obtaining the funds necessary for the Local Government election from the Treasury once a fresh date is announced.

The Commissioner General of Election, Saman Sri Ratnayake, said a report containing information on the work done constitutionally by the Election Commission, in connection with the Local Government election, which was to be held on 9 March, will also be submitted to the Speaker.

Opposition’s protest

After the President said there was no election to begin with, the Opposition started to shout at him demanding the election be held as scheduled.

This was the second protest of the Opposition held in the Chamber, demanding the election. Owing to the first protest on Tuesday (21), the sittings had to be adjourned to the next day.
The Opposition disrupted the President, raising Points of Order, while the Government MPs supported the President by clapping and thumping the tables.

The President lost his cool several times due to the disruption.
At one point, he shouted back at the Opposition, mostly the SJB MPs saying “shut up and sit down! I brought you into politics.”
“The first duty of a President is to protect the nation and then to protect the Constitution,” he stressed.

The Opposition continued the protest and at that juncture, the President said the Opposition does not want an election.
“You (the SJB and Freedom People’s Front (FPF)) asked me to postpone the election to suppress the trend created in the society in favour of the JVP. Are you going to refuse it now? They told me that they would shout a bit in the House and then sit down. Did you not request me to postpone the polls?”

The President then pointed at few senior Government MPs, including Prime Minister Dinesh Guanwardena and asked, “Didn’t they say that to you as well?” The Government MPs cheered and applauded.

The President also remembered the decision issued by the Supreme Court (SC) regarding former President Maithripala Sirisena, who was the Chairman of FPF, the symbol of which was a helicopter and several others in connection with the Easter Sunday terror attacks in 2019 when the members of the FPF also started to demand an election.

“For the first time in history, the Supreme Court has shot down a helicopter and all this time it was done by the tigers. This is the first helicopter to be brought down by the Supreme Court. In the past it was done by tigers.”
MP Dayasiri Jayasekara then requested that new members be appointed to the Election Commission and the President said it could be done later.

The Opposition MPs started stepping into the Well with placards when the President concluded the statement.

They chanted slogans ‘Prodawa wana – Chande thamai ona’ (No more crooked attempts – We need the election) and ‘Diyaw diyaw chande diyaw.’(Give us the election now!)

None of Jathika Jana Balawegaya (JJB) MPs were in the Chamber during the protest.

The President left the Chamber, while the protest was taking place.
The Speaker was seen covering his ears with his hands while trying to bring about order in the House.

After the President left the Chamber, a group of Government MPs met him in the lobby and praised his speech.

The President asked, “What I said was correct. Didn’t they ask you the same? (postponing the election).” With a laugh and the MPs joined him, laughing loudly.

Prasanna Ranatunga said, “It is really good that you revealed ‘illegal’ activities of the Election Commission.”

“These officials should be dealt according to the law for misleading the whole country,” Chamara Sampath Dasanayake said.

Courtesy:Ceylon Today