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Constitutionality of bid to remove MP monk can be challenged – EC Chairman

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By Shamindra Ferdinando

Election Commission Chief Nimal Punchihewa says that National List MP Ven. Atureliye Rathana thera can move the Supreme Court against ‘Ape Jana Bala Pakshaya’ decision to remove him from Parliament.

Attorney-at-law Punchihewa said that Ven. Rathana could seek Supreme Court intervention within a month after Secretary General of Parliament Dhammika Dasanayake received a letter from the relevant political party informing him of their decision to remove a National List MP.

Responding to The Island queries, Punchihewa explained the Constitution barred the Secretary General from taking action for a period of one month. In case, the MP monk refrained from moving the court, the Secretary General could act according to the request made by the party, he said.

According to Punchihewa, ‘Ape Jana Bala Pakshaya’ has written to the Secretary General on 16 Oct with a copy to him. He said that he received a letter dated 15 Oct from that political party informing him of the decision to remove Ven. Rathana. “That letter has been copied to the Secretary General. I immediately advised the Secretary, Ape Jana Bala Pakshaya that the letter should be addressed to the Secretary General as he/she exercised the privilege to declare a vacant seat in Parliament,” lawyer Punchihewa said. “If a vacancy is created due to the resignation or removal of an MP, the Secretary General will have to bring it to our notice.”

Punchihewa served as the Director (Legal) of the EC prior to being appointed as its Chief. Punchihewa succeeded Mahinda Deshapriya. The Elections Chief explained that in case Ven Rathana thera challenged the party in court, the action sought by them would be stayed until the judiciary decided on the matter.

The new EC named on Dec 3, 2020 comprises S.B. Divaratne, M.M. Mohamad, K.P.P. Pathirana and J. Thyagarajah. President Gotabaya Rajapaksa appointed them for a five year term in terms of the 20th Amendment to the Constitution. However, Thyagarajah recently quit the EC to receive the appointment as Governor of the Northern Province.

Asked to explain the continuing crisis over the National List of ‘Ape Jana Bala Pakshaya,’ lawyer Punchihewa said that soon after the last parliamentary polls the then Secretary of that party, Wedinigama Wimalatissa thera wanted himself to be appointed the solitary National List member of the party.

Punchihewa said both Ven. Wimalatissa thera and Ven. Rathana thera battled for the seat. Some wanted Ven. Galagodaatte Gnanasara thera appointed as the National List MP of ‘Ape Jana Bala Pakshaya.’ However, Ven. Gnanasara couldn’t have been appointed as a person not in either a district list or a National List was automatically disqualified from receiving NL slot when original appointments were made, Punchihewa said.

Recalling Ven, Gnanasara thera had been on the rejected ‘Ape Jana Bala Pakshaya’ Kurunegala District list for the August 2020 general election, Punchihewa said that the EC was not aware of whatever the internal discussions regarding the appointment of Ven. Rathana, who contested the Gampaha district on ‘Ape Jana Bala Pakshaya’ ticket. The party failed to win a single seat though it repeatedly vowed to obtain over a dozen seats.

Ven. Rathana thera took oaths as an MP before Speaker Mahinda Yapa Abeywardena on January 05, 2021 after ‘Ape Jana Bala Pakshaya’ announced his appointment on Dec 18, 2020.

The Secretary General of Parliament didn’t answer his mobile phone.

Punchihewa acknowledged that two other National List appointments had been challenged in the Supreme Court. The EC Chairman was referring to public litigation activist Nagananda Kodituwakku complaining to the Supreme Court in respect of the appointment of UNP leader Ranil Wickremesinghe and Basil Rajapaksa on the respective National Lists of the UNP and the SLPP.

Of the 29 National List slots, the SLPP secured 17 seats whereas the UNP managed just one.

Ven. Rathana thera couldn’t be contacted yesterday afternoon.

Having first entered Parliament from the Kalutara district on the JHU ticket at the 2004 general election Ven. Rathana thera switched allegiance to the UPFA subsequently and entered parliament from the Gampaha district on the UPFA ticket at the 2010 general election. Ven. Thera aligned himself with the UNP ahead of the 2015 presidential election and secured a UNP National List slot at the August 2015 general election. Soon thereafter, the Ven thera switched his allegiance to the then President Maithripala Sirisena but ended up with ‘Ape Jana Bala Pakshaya’ at the August 2020 general election. That party hadn’t represented parliament, provincial councils or Local Government authorities at least on one occasion prior to 2020 general election.

Punchihewa said that he sincerely wished the New Constitution would ensure clear guidelines in respect of the appointment of National List members. There couldn’t be ambiguity in this regard, Punchihewa said, adding that the country couldn’t afford to allow controversies to undermine the public faith in the Constitution and the electoral system.



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President proposes; Speaker disposes

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Dr. Wickramaratne

AKD’s request to Harsha:

Speaker Dr. Jagath Wickramaratne has frustrated an attempt by Chairman of the Committee on Public Finance (CoPF) Dr. Harsha de Silva, MP, to intervene to settle the continuing dispute over the appointment of a new Auditor General.

Dr. De Silva yesterday told The Island he had recently written to all members of the Constitutional Council (CC) drawing their attention to the urgent need to address the issue at hand. The AG’s position remains vacant since 08 Dec, 2025. AG W.P.C. Wickremanayake retired in April and since then there have been a couple of Acting appointments. The CC has declined to endorse any of President Dissanayake’s nominees as the AG.

Asked whether he had taken up the issue with the CC following President Anura Kumara Dissanayake soliciting his support in this regard, MP de Silva said that he had written to CC members as agreed with the President.

The former UNPer and one-time State Minister said: “I did so, giving due respect to CC’s independence, underscoring the critical importance in them working with the President to resolve the crisis. I alluded to the need to have transparency in public financial management during this post-cyclone period where large amounts of funds are being transacted on multiple fronts, both domestic and foreign.”

Responding to another query, Dr. De Silva emphasised that he had clarified that the President must send the names of qualified and experienced persons to the CC for consideration. “However, these letters were returned to me by the Speaker, without being delivered to members of the CC. The Speaker didn’t give an explanation. Thus, except for members who are MPs who had been copied via email by my committee office, others never received my letter of concern. Even though I questioned, in Parliament, the basis of his refusal to forward my communication to the members of the CC of which he is Chairman, no answer was given.”

The CC consists of Dr. Jagath Wickramaratne, Speaker and Chairman of the 10-member body. Dr. Harini Amarasuriya, Prime Minister, Sajith Premadasa, Leader of the Opposition, Bimal Rathnayake, Aboobucker Athambawa, Ajith P. Perera, Sivagnanam Shritharan, and three civil society members namely Dr. Prathap Ramanujam, Dr. Dilkushi Anula Wijesundere and Dr. Dinesha Samararatne. None of the President’s nominees could obtain CC’s approval as all of them were rejected by the CC.

The present CC was introduced by the 21st Amendment to the Constitution which was endorsed on 31 October 2022.

Both the Bar Association of Sri Lanka (BASL) and the Transparency International Sri Lanka Chapter recently requested President Dissanayake, in writing, to propose a suitable person to the post of AG. The BASL, in another statement that dealt with the forthcoming vacancies in the CC due to three civil society members completing their terms, declared its concern over possible attempts by the President and the NPP government to fill the vacancies with rubber stamps.

The three civil society members will complete their terms on 18 January. In terms of Article 41E of the Constitution, the CC meets at least twice every month, and may meet as often as may be necessary. The Chairman presides at all meetings of the CC and in the absence of the Chairman, the Prime Minister, and in the absence of the Prime Minister, the Leader of the Opposition presides at the meetings of the CC.

Asked whether the CC could be disrupted due to the end of civil society members’ terms, an authoritative official pointed out that in case new appointments were not made the current members could continue.

The Parliament has not so far called for applications to fill the forthcoming vacancies.

by Shamindra Ferdinando ✍️

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Sri Lanka loses Rs.7.5 bn due to coal tender irregularities: FSP

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Pubudu

The NPP government’s coal procurement process has once again come under scrutiny following allegations by the Frontline Socialist Party (FSP) that substandard coal has been imported for power generation and that tender procedures were manipulated to favour a specific supplier.

Addressing the media after a party meeting in Maharagama on Saturday, FSP Education Secretary Pubudu Jagoda said a test report issued by the government laboratory at the Lakvijaya Power Plant had confirmed that the latest coal shipment unloaded in Sri Lanka did not meet the required quality standards. According to the report, the coal’s calorific value ranged between 5,600 and 5,800 kilocalories per kilo, below the 5,900–6,200 kCal/kg range specified in tender requirements.

Jagoda warned that lower calorific value coal would require higher volumes to generate the same amount of electricity, increasing costs significantly. Preliminary estimates, he said, indicated an additional financial burden of around Rs. 7,500 million, which might eventually be passed on to consumers through higher electricity tariffs.

The FSP also accused the government of tailoring procurement rules to benefit the Indian supplier, which has deposited bonds for long-term coal supply for the upcoming season. Jagoda alleged that tender conditions had been altered to accommodate the company, pointing to changes in coal reserve requirements. Under the 2021 Sri Lanka Coal Registration Document, suppliers were required to maintain a minimum reserve of one million metric tonnes with a gross calorific value of 5,900 kCal/kg. This threshold, he said, had been reduced to 100,000 metric tonnes in the 2025 document which is a 90% reduction raising serious concerns.

He further cited past allegations against the Indian company, including findings in a 2016 Auditor General’s report that the company violated procurement guidelines regarding a rice supply contract with Sathosa in 2014. Jagoda also referred to legal issues involving individuals linked to the company, and the suspension of a representative by the International Cricket Council in 2019 over match-fixing allegations.

Beyond company-specific concerns, Jagoda criticised what he described as systemic manipulation of the coal tender process. He questioned why the coal tender, typically called in February or March, was delayed until July, despite electricity being declared an essential service. He also alleged that the tender submission period had been progressively shortened from the internationally accepted six weeks to five weeks, and now reportedly to three giving an unfair advantage to suppliers with existing stock.

The Ministry of Energy has recently issued an amended tender to procure 4.5 million metric tonnes of coal for the Lanka Coal Company for the 2025/26 and 2026/27 periods, following the cancellation of an earlier tender.

Jagoda warned that delays and irregularities could lead to coal shortages, higher spot market purchases, increased electricity costs, and even power cuts if hydropower generation falls short. He called for urgent investigations into the procurement process, insisting that the burden of alleged mismanagement and corruption must not be transferred to the public.

by Chaminda Silva ✍️

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CID summons SJB MP for criticising education reforms

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Prasad

SJB Gampaha District MP Prasad Siriwardhana has been summoned to the CID today (12) for questioning in connection with a statement he made on a private television channel regarding education reforms.

He was earlier asked to report to the CID on 10 January to make a statement. However, as Siriwardhana had notified the authorities that he was unable to appear on that day, he was subsequently asked to come today.

Siriwardhana is one of the critics of the shortcomings of the education reforms introduced by the NPP government.

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