By Shamindra Ferdinando

Ven. Galagodaatte Gnanasara thera couldn’t have received the National List slot secured by Ape Jana Bala Pakshaya (AJBP) at the Aug.5 general election though he was on its Kurunegala District List, Election Commission (EC) Chairman Nimal Punchihewa told The Island yesterday (23).

Attorney-at-law Punchihewa said that Ven Gnanasara thera wasn’t eligible to receive NL appointment under any circumstances. Such an appointment would have been contrary to both the Constitution and the Parliamentary Election Act No 01 of 1981, the EC Chairman said.

Punchihewa said so in the wake of the EC’s acceptance of Ven. Athureliya Rathana as the AJBP NL member.

Ven. Rathana thera failed in his bid to enter Parliament from the Gampaha district.

The five-member EC consists of N.Punchihewa, S.B. Divaratne, M.M. Mohamed, K.P.P. Pathirana and Jeewan Thyagarajah. In terms of the 20th Amendment to the Constitution enacted in October, the EC now comprises five persons instead of three under the 19th Amendment.

A public battle between former lawmaker Ven. Rathana and Ven. Gnanasara for the NL slot divided the party, with a section quitting the movement.

EC Chairman Punchihewa explained that only those who had been included in the original NL submitted by a particular political party to the EC or a contestant could be considered for NL.

In Ven. Gnanasara thera’s case, the General Secretary of the Bodu Bala Sena (BBS) hadn’t actually contested the last general election as the AJBP list that contained him was rejected by the Chief Returning Officer, Punchihewa said. The Court of Appeal rejected Ven. Gnanasara thera’s writ application filed in respect of the Chief Returning Officer’s decision.

In addition to the Kurunegala list, AJBP nomination lists for Colombo, Moneragala and Kalutara were rejected on technical grounds. Altogether, AJBP fielded about 30 monks.

Responding to another query, the EC Chairman explained in terms of the applicable laws Ven. Gnanasara hadn’t contested the last general election and therefore he was not eligible to receive the NL appointment. Contrary to criticism, the appointment of defeated candidates is within the law, according to EC Chairman.

Asked whether the law prohibited designation of anyone outside the district list and NL of a particular political party, Punchihewa said in case the person who received the original appointment, the party could accommodate outsiders.

The EC could accept Ven. Rathana’s appointment as the warring AJBP factions had settled their differences with a court case filed in respect of the NL vacancy withdrawn. The AJBP managed to secure 67,758 votes from countrywide.

Punchihewa said that soon after the allocation of NL slots, the then AJBP Secretary Vedinigama Wimalasara thera nominated himself as their member of Parliament. Wimalasara thera, in a letter dated Aug 7 addressed to the EC, asserted that he appointed himself pending resolution of the crisis caused by both Gnanasara and Rathana theras demanding the NL slot.

Punchihewa said that there had been other developments relating to the AJBP’s NL issue, however they finally agreed on Ven. Rathana thera’s appointment.

Asked whether the EC felt that there should be a stipulated period to finalize NL designations, lawyer Punchihewa explained in the absence of specific provision in respect of such appointments, political parties could hold up the process. “In other words, political parties can refrain from making NL appointments. EC cannot intervene at all,” the EC Chairman said, acknowledging the need for remedial measures.

Punchihewa assured that the EC was in the process of examining the entire gamut of issues in relation to electoral process. “We will certainly take up these issues with relevant authorities,” lawyer Punchihewa said.

The EC Chief said that representations would also be also made to those in the process of formulating a new Constitution.

 Punchihewa pointed out that the EC couldn’t do anything about the UNP holding up the appointment of its solitary NL member. The lawyer said that the issue hadn’t received sufficient attention, hence the current law being silent on a crisis situation such as a party not being able to decide on its NL nominee. Punchihewa pointed out that law could be amended to pave the way for the EC to name the first person on NL submitted by a particular party in case agreement couldn’t be reached within a given period.

 The Parliament remained one short of stipulated 225 at the time 2020 sessions ended with the passage of 2021 Budget on Dec 10.

 The Parliament is scheduled to meet on January 5.