Ruling will not affect presidential election – EC and polls monitors

By A .J. A Abeynayaka and Rathindra Kuruwita

The Supreme Court (SC) order that the Election Commission (EC) conduct the postponed local government elections as soon as possible will not impact the upcoming presidential election on 21 September, according to EC officials.

Yesterday, the Supreme Court ruled that the President, in his capacity as the Minister of Finance, the Attorney General, and former members of the Elections Commission had violated the fundamental rights of Sri Lankans by postponing the 2023 local government elections, originally scheduled for 9 March 2023.

The Supreme Court’s five-judge bench, comprising Chief Justice Jayantha Jayasuriya, Justices Vijith Malalgoda, Murdu Fernando, Gamini Amarasekara, and Yasantha Kodagoda, instructed the EC to collaborate with all relevant state institutions to conduct the local government elections without further delay.

The SC judgment was delivered after considering four Fundamental Rights petitions that sought an order directing the authorities to ensure free and fair local government elections.

The petitions were filed by Ranjith Madduma Bandara, General Secretary of Samagi Jana Balawegaya (SJB), Harini Amarasuriya, a Parliamentarian from the National People’s Power (NPP), the Centre for Policy Alternatives, and the People’s Action for Free and Fair Elections (PAFFREL).

Asked for comment, Saman Sri Rathnayake, Commissioner General of Elections, told The Island that the SC ruling would not affect the 21 September presidential election in any way.

He noted that the judgment ran into about 70 pages, he said adding that it was being studied comprehensively. “Whoever wins the presidential election is likely to dissolve Parliament,” he said.

Rohana Hettiarachchi, Executive Director of PAFFREL, stated that the SC ruling sent a strong message to both current and future administrations that they cannot infringe upon the people’s right to vote with impunity.

“Last year, the President withheld funds for the local government elections, citing financial constraints. Many were concerned that this could set a dangerous precedent for the future. The Supreme Court decision has assuaged such fears and bolsters the electoral process,” Hettiarachchi said.

He said the ruling empowered the Elections Commission, ensuring that elections could not be postponed at the behest of President, the Cabinet or the Finance Ministry.

“The directive clearly signals that the Executive cannot act with impunity in the future. The verdict has no bearing on the forthcoming presidential election. It is also likely that the winner of the 21 September election will dissolve Parliament and call for a general election. Local government elections are expected to be held in early 2025. However, the key takeaway from this verdict is that the Executive cannot manipulate the people’s voting rights,” Hettiarachchi said.

Meanwhile, Manjula Gajanayake, Executive Director of the Institute for Democratic Reforms and Electoral Studies (IRES), highlighted that Supreme Court judgments over the past 25 years had significantly strengthened the country’s electoral process.

“I believe this verdict is another such landmark ruling. It ensures that no future leader will attempt to postpone elections,” Gajanayake added.