By Rathindra Kuruwita

Thirteen cases have been filed against candidates who contested the September 2024 presidential election, as well as the political parties and independent groups that nominated them, for failing to submit their election expense reports, Commissioner General of Elections Saman Sri Ratnayake revealed to The Island on Wednesday (1 January).

Among those facing legal action is Channa Wickremesinghe, the brother of former President Ranil Wickremesinghe, who nominated him for the presidency, Ratnayake confirmed.

Of the 13 cases, three involve candidates who contested the 21 September presidential election but did not submit their expense reports. The police have initiated legal proceedings against them, the Commissioner General added.

Under campaign finance regulations, two reports must be submitted to the Election Commission: one by the candidate and the other by the political party or individual who proposed their candidacy. For independent candidates, the proposer is responsible for submitting the expense report, while for party candidates, the party’s general secretary must file the report. The deadline for submission was midnight on 13 October 2024.

According to a gazette notification dated 16 August 2024, each presidential candidate was permitted to spend a maximum of 109 rupees per voter on campaign activities, amounting to over 1.8 billion rupees (approximately six million US dollars) per candidate. The expenditure limit was set at 60% for the candidate and 40% for the political party or proposer handling their campaign.

“Battaramulle Seelarathana Thera, Sarath Keerthiratna, and P. Ariyanethiran are the three candidates who have not submitted their expense reports. Moreover, neither their political parties nor the individuals who proposed their candidacy have submitted reports either. We have provided the necessary information to the police, who have filed cases against the candidates as well as the secretaries of the political parties or the proposers,” Ratnayake explained.

He added that seven political parties or independent groups have also failed to submit expense reports, despite their candidates having done so.

“There are four such registered parties: the Democratic Unity Alliance, United Lanka People’s Party, Samabima Party, and Democratic United National Front. Then there are three independent candidates whose nominees had not submitted reports. H.M. Asitha Bandara, who nominated Victor Anthony Perera; Archana Ranatunga, who nominated K.K. Piyadasa; and Channa Wickremesinghe, who nominated Ranil Wickremesinghe, are also facing legal action,” he said.

Ratnayake noted that once expense reports are received, they are displayed for 10 days online and at the Elections Secretariat. Civil society has the responsibility to review and scrutinise these reports, and the Election Commission takes legal action against those who fail to submit them via the police.

“The Election Commission does not have the authority to verify the accuracy of the expense reports submitted by candidates and parties. Civil society is better positioned to identify discrepancies. People can check all expense reports online, even now. Civil society can review these reports and take legal action, if necessary,” he said.

The Commissioner General explained that the Regulation of Election Expenditure Act was passed in 2023, ahead of the local government elections, and many of their suggestions had not been incorporated. “There are many weaknesses in the act. We only play the role of returning officer; we have no power or ability to investigate the reports submitted by candidates. We introduced a standard format for submitting expenditure during the 2024 presidential election period to allow for easier comparison. However, some individuals submitted reports as brief as two pages. I believe civil society and others should review these reports and take action,” he said.

Ratnayake also revealed that 1,042 candidates who contested the 21 November general election have not submitted their expense reports. The deadline for submission was 6 December. “We have instructed district returning officers to collaborate with DIGs in their respective areas to file cases against those who have not submitted reports. We will provide all necessary documents, and the police, after conducting investigations, will file cases through the Attorney General’s Department,” he said.

The Commissioner General urged civil society and political parties to take a more proactive role in scrutinising the expense reports submitted to the Election Commission. “If there is misleading information, they should take action. We all have divided responsibilities, and democracy will only function effectively if we take these matters seriously,” he said.