The manner in which 29 National List MPs are appointed has become quite farcical. It is also a violation of the democratic rights of the voter.

Firstly, under Article 99A of the Constitution of Sri Lanka, the Commissioner General of Elections is enjoined to gazette prior to the Election, the list of persons qualified to be elected as National List Members of Parliament submitted by the respective Political Parties and independent groups who are contesting the Elections. After the Election, the Commissioner General of Elections under this same Article 99 A apportions the 29 National List MPs as per the proportion of votes received by each respective political party or independent group. The Secretary of the recognised political party or group leader of such independent groups who are entitled to National List seats thus apportioned, then has to nominate the allotted number of National List MPs to the Elections Commissioner within one week of notice. This is done from the already gazetted schedule of list of persons qualified to be elected as National List Members of Parliament.

The purposive intent of gazetting the list of qualified persons to be appointed as the National List MPs prior to the Elections is for the voter to know who are the National List nominees of the respective parties. If there were unsuitable or disreputable nominees in the National List thus gazetted, then the voter has the option of not voting for that particular party.

However, this principle is completely annulled when it comes to filling vacancies of National List MPs. When a seat of a member of Parliament declared appointed under Article 99A of the Constitution becomes vacant, then the Secretary General of Parliament informs the Elections Commissioner General who shall then require the Secretary of the recognised political party or group leader of the independent group to which the member who vacated the seat belonged to nominate a member of such party or group to fill the vacancy (Elections Spl. Provisions) Act (No: 35 1988) Sec 6 Amendment of Sec.64 of the principal enactment) In practice, this Amendment has been used to fill the vacancies from outside the list published in the gazette of qualified persons to be appointed as National List MPs. This has resulted in cheating the voter of his legitimate expectations since the whole purpose of publishing /gazetting such lists is for him or her to be aware of the qualified persons put forward by the Parties as National List Members.

This back-door operation of introducing any Tom, Dick or Harry outside the already gazetted schedule of National List nominees makes a mockery of the Elections Commissioner’s action of publishing the same. Even when the number and specified persons are not exhausted, but still available for nomination, how is it that when vacancies occur, these are cast aside and entirely new persons from the outside are nominated and appointed as National List MPs? The ludicrousness of the whole exercise is that those National List MPs manipulated to resign in favour of filling so called vacancies are merely puppets to make way for fresh appointment that is contrary to the original practice and regulatory process of appointing National List MPs.

Isn’t it a fact then that what is enjoined upon the Commissioner General of Elections when appointing National List MPs under the Constitution Article 99A is then turned upside down by another amendment to the Elections Act when it comes to appointments for filling up vacancies of the same? This gives any Political Party or Independent Group the opportunity to exploit to their advantage the open-ended amendment to the Elections Special Provisions Act No:35 of 1988 Sec.6.

Surely, when there is any ambiguity, lacuna or contradiction under Article 99A of the Constitution and the Elections Commission Act with regard to filling vacancies of National List MPs being nominated, it should be the responsible task of the Commissioner General of Elections to seek to rectify the same with necessary authorities?

K. L. L. Wijeratne

Kotte