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EC proposes tough measures, seeks additional powers

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… MPs skipping sittings to lose seats

By Shamindra Ferdinando

The Election Commission (EC) has recommended unseating of lawmakers who failed to attend at least one third of the total number of sessions in the first two years of the five-year term without justifiable reasons.

The unprecedented subject matter is among eight far reaching proposals Commissioner General of EC Saman Sri Ratnayake recently submitted to Romesh de Silva, PC, heading the ninemember committee, tasked with formulating a new draft constitution.

The EC emphasised that lawmakers unless suffering from some illness, or specific justifiable reason, should attend the stipulated number of parliamentary sessions or face the consequences. Major political parties have repeatedly admitted parliamentary attendance is low. On a number of occasions during yahapalana administration, sittings had to be suspended due to lack of quorum.

The five-member EC chaired by attorney-at-law Nimal G. Punchihewa include S.B. Diwarathne, M.M. Mohommed, K.P.P. Pathirana and Jeewan Thyagaraja.

Punchihewa said that their recommendations in respect of issues at hand and matters that required urgent attention were submitted to the constitution making body. The Election Commission Chairman said so when The Island sought an explanation regarding the UNP deliberately delaying the filling of its National List slot for eight months. The issue was raised at a workshop organized by the EC at its Rajagiriya headquarters on March 16.

President Gotabaya Rajapaksa, in terms of the 20th Amendment to the Constitution enacted in last October, expanded the EC from three to five members.

The EC at a meeting held on January 29, 2021 decided the following as part of constitutional measures to improve the political environment (1) inclusion/acceptance of the right to vote as a fundamental right (2) Categorized Local Government and Provincial Council polls in addition to Presidential and Parliamentary polls to be included in the Constitution (3) Empower the EC to unseat elected members who failed to furnish accurate information regarding funds received and campaign expenses within 30 days after the release of results. In the case of defeated candidates, to deal with them on the basis of having committed an election violation (4) Elected lawmakers to lose their seats in case they failed to attend at least one third of total number of sittings within the first two years of their five-year term (5) Introduce necessary amendment/amendments to expand the provisions in respect of Referendum to pave the way for obtaining public opinion as regards some sections of a particular Act. In terms of the 1978 constitution a referendum can be conducted to ascertain public opinion on a particular matter (6) Empower the EC to take tangible measures to unseat lawmakers, Provincial Council and Local Government members in case they are convicted by a court of law after having examined the relevant cases (7) Authorize the EC to fill National List vacancies in terms of National Lists submitted by political parties along with nominations if a particular political party failed to name its appointed members within seven days after the declaration of results and (8) Provision for specific percentage for women members in parliament, Provincial Councils and Local Government bodies.

Authoritative sources told The Island that in the wake of President Gotabaya Rajapaksa calling for much delayed Provincial Council polls as soon as possible relevant authorities were discussing ways and means to finalize consensus on formula. Sources said that in the absence of consensus various interested parties pushed for different agendas. Sources said that it was not yet clear whether an agreement could be reached on 70:30 (70 per cent elected and the remaining 30 chosen from the defeated candidates).

The EC hasn’t received an opportunity yet to make representations to Romesh de Silva’s team though written submission was made several weeks ago.

Asked whether the recommendations that had been submitted to the expert group received the blessings of political parties represented in parliament, sources said that the matters therein were taken up with political parties, both in and outside parliament, in addition to polls monitoring groups. Sources said that a meeting with the expert group was necessary to explain some matters. Responding to another query, sources said that perhaps the third recommendation should be expanded to cover campaign financing received by political parties at presidential and parliamentary elections.

In spite of a section of the media and some lawmakers raising foreign funding made available for political parties at presidential and parliamentary polls, the EC was yet to take tangible measures, sources acknowledged.

In fact the former US Secretary of state John Kerry even crowed about spending several hundred million dollars to ensure leadership changes in several countries, including Myanmar and Sri Lanka after they were carried out to fruition. In the latter case the toppling was engineered in January 2015.



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Fuel crunch looms

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Govt. tells fuel distributors to maintain stocks to ensure uninterrupted supplies

by Saman Indrajith and Norman Palihawadane

The government had instructed private fuel distributors to maintain minimum stocks and ensure uninterrupted supplies to the market, Energy Minister Anura Karunathilaka told Parliament yesterday (06).

Karunathilaka said the Ministry of Energy Secretary had notified the relevant companies of the requirement, following a reduction in supplies by some private distributors, amid higher international fuel prices.

The Minister said private companies had informed the government that they were facing losses because international prices had risen while fuel was being sold, locally, at prevailing prices. As a result, some companies had reduced the volumes released to the market.

The reduced supplies had increased the burden on the Ceylon Petroleum Corporation (CPC), whose share of the diesel market had risen from about 54% to 82%, the Minister said.

“The CPC currently holds an 82% share of the market,” he said, adding that it had increased its supplies, compared with February, to compensate for the reduction by private distributors.

Karunathilaka said the government could not, under the existing agreements with private companies, specify the quantities they should supply to individual filling stations. However, it could require them to maintain minimum stocks in the country.

The Minister said the Energy Ministry had already instructed companies that had failed to maintain the required stocks to take steps to prevent supply disruptions.

The Minister attributed the queues reported at some filling stations to reduced supplies from private distributors, as well as normal variations in fuel distribution. He also said demand for CPC fuel had increased because private companies generally did not provide fuel to dealers on credit, while the CPC offered a three-day credit facility.

“We expect that, as the Ceylon Petroleum Corporation takes on this additional burden, the problem will ease to some extent by Wednesday or Thursday,” Karunathilaka said.

He said instructions had also been issued to increase supplies to CPC filling stations. A special discussion on the issue is scheduled for today (07), with officials of the Energy Ministry and CPC expected to participate,

along with President Anura Kumara Dissanayake.

Meanwhile, Petroleum Dealers’ Association officials have called for an early solution to the supply issue. Association Chairman D.V. Shantha Silva said queues had been reported at many filling stations, mainly those operated by private distributors.

He said the situation was not due to an overall shortage of fuel, but was linked to reduced orders by Lanka IOC, Sinopec and R.M. Parks amid concerns over losses incurred on fuel sales.

The Ceylon Petroleum Private Tanker Owners Association has urged motorists to refrain from panic buying, saying there was no nationwide disruption to fuel supplies.

The government earlier increased fuel prices and introduced a per-litre diesel subsidy following concerns raised by distributors over rising international prices.

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Gnansara Thera to be assigned to prison printing section: Officials

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Bodu Bala Sena General Secretary Ven. Galagodaaththe Gnanasara Thera, who was taken into custody to serve the remainder of his prison sentence, was produced before the Colombo High Court yesterday by prison officials in connection with a warrant issued by the court. He appeared before the court in layman’s clothes. Pic by Nishan S. Priyantha.

by Norman Palihawadane

Bodu Bala Sena General Secretary Ven. Galagodaatte Gnanasara Thera, who has been ordered by the court to serve the remainder of his prison sentence, is to be assigned to the prison ‘printing work party’, prison officials said yesterday.

The monk was produced before the Colombo High Court yesterday by prison officials in connection with a warrant issued by the court.

He appeared before the court in civilian attire.

Prison sources said arrangements were being finalised for his detention and that he would subsequently be assigned to the printing work party.

The Thera initially objected when prison officials instructed him to change from his robes into the attire worn by convicted prisoners.

He later agreed to wear the prescribed prison clothes, sources said.

The Supreme Court, in September, annulled the presidential pardon granted to Gnanasara Thera in 2019. He had been serving a six-year prison sentence imposed following his conviction for contempt of court but had served only about nine months when then President Maithripala Sirisena granted him a presidential pardon in May 2019.

Following the Supreme Court ruling, the Thera was required to serve the remainder of his sentence. He was subsequently reported missing, prompting the Court of Appeal to issue an open warrant for his arrest.

The Court of Appeal on Monday ordered the authorities to enforce the remainder of his prison sentence.

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Speaker rejects Ajith Perera’s privilege complaint

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Speaker Dr. Jagath Wickramaratne yesterday ruled that a privilege complaint submitted by SJB Kalutara District MP Ajith P. Perera did not constitute a prima facie breach of parliamentary privilege.

The ruling was made in response to a notice of privilege submitted by Perera on October 02.

Perera alleged that his parliamentary privileges had been breached over the failure to take formal action or reach a final decision on a written request submitted on August 03 by 18 Opposition MPs seeking the appointment of a Special Select Committee to investigate delays in the judicial system and prison overcrowding.

He had also requested that the matter be referred to the Committee on Ethics and Privileges for investigation and recommendations.

In his ruling, Speaker Wickramaratne said the Speaker, as the Presiding Authority and guardian of the powers, rights and privileges of Parliament, could not be subjected to a privilege complaint or disciplinary inquiry by a committee subordinate to the Chair in respect of actions taken in an official capacity.

He said that, under the Standing Orders, the Speaker was required to independently determine whether a prima facie case of breach of privilege existed.

Referring a complaint against the Speaker to a committee functioning under the Speaker’s authority would, therefore, create a procedural contradiction, he said.

Accordingly, the Speaker ruled that Perera’s notice did not constitute a prima facie breach of parliamentary privilege and disallowed the request to refer the matter to the Committee on Ethics and Privileges.

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