News
Opposition asks EC to hold LG polls on 19 March
threatens legal action against errant officials
All Opposition parties have called on the Election Commission (EC) to hold the local government (LG) polls by 19 March. The SJB, the JVP-led NPP, the TNA, the SLFP, the TPA, the SLMC, the ACMC, and the breakaway fractions of the SLPP, had jointly written to the EC, urging it to hold the LG elections on 19 March, in keeping with its undertaking given to Court, TNA Batticaloa District MP Shanakiyan Rasamanickam told The Island.
The Opposition parties have also sought a meeting with the EC members at 9 am tomorrow (07).The TNA and the JVP, on Saturday, warned the government, and public officials, either to respect the Supreme Court order and help conduct the LG polls or to get ready to face legal action for contempt of court.
Addressing the media in Colombo on Saturday, TNA spokesman, Jaffna District MP MA Sumanthiran, said that they hoped the EC would fix a new date for the LG polls to be held before the legally mandated 19 March.
“There is no need for discussions with the Secretary to the Treasury or anyone else on this matter. The Election Commission has said it would meet the Treasury Secretary to fix a date for the elections. We see this as a ploy by the members of the Election Commission
to delay the polls further. We demand that the Election Commission meet immediately. During an elections period, every day is considered a working day for its members. They must meet immediately and fix a date before 20 March to conduct elections,” Sumanthiran said.
Addressing the media at the JVP Headquarters in Pelawatte, Attorney-at-Law Sunil Watagala on Saturday said that the EC was one of the respondents in the case and had to respect the court order. “If it cares for the people’s franchise, it should fix an early date for the elections. If any public official defies the Supreme Court order, he or she will be charged with contempt of court,” he said.
Watagala said that according to the Supreme Court order, President Ranil Wickremesinghe as the Finance Minister and the Cabinet had to release the Rs. 10 billion allocated for the local council polls from the 2023 Budget.
Watagala said the state officials including the Treasury Secretary, the Attorney General and IGP also had to abide by the Supreme Court interim order.The letter addressed to the Elections Commission was signed by MPs Prof GL Peiris, Vijitha Herath, Mano Ganeshan, Rishad Bathuideen, Ranjith Madduma Bandara, Rauf Hakim, Rasamanickam and Dayasiri Jayasekera.
The letter titled, ‘Urgent action and request for an urgent meeting’ says: “We write consequent to the order of the Supreme Court made on 3rd March 2023, in SC FR 69/2023 restraining the Minister of Finance, the Secretary to the Treasury and others from withholding necessary funds for the conduct of the Local Government Elections that was scheduled to be held on 9th March 2023. The Court has also made a further order to the Government Printer in respect to the printing of ballot papers.
“You gave an undertaking in SC Writ 6/2023 and SC Writ 7/2023 that you will hold the said elections according to law. You are aware that according to law, the said elections should be held on or before 19th 2023. When the Secretary to the Treasury and the Government Printer did not cooperate with you, you filed a Motion in the aforesaid two cases seeking court’s direction on them.
“Now that the Supreme Court has removed the only impediment to holding the elections according to law, it is your imperative duty to conduct the said elections on or before 19th March 2023. We do not see any reason why you should consult the Secretary to the Treasury or anyone else, now that they are bound to comply with the interim order issued by the Supreme Court as aforesaid.
“We therefore request you to re-fix the date of the Local Government Elections on a date before 20th March 2023 as required by law or the earliest possible date without any further delay. You should not prevaricate on the pretext of consultation with anyone.
In addition to the above we wish to meet with your Commission at 9.00 am on 07th March 2023 at the Elections Secretariat.”
News
Judicial vacancies: President keeps country guessing
The NPP government has not taken a final decision regarding filling of the vacancies in the judiciary.
A group of Opposition MPs, led by SJB leader Sajith Premadasa, on 12 June, requested Speaker Dr. Jagath Wickremeratne to take up the issue of judicial vacancies with President Dissanayake. Opposition sources said that there were four vacancies, each in the Court of Appeal and the Supreme Court, and the inordinate delay had adversely affected the judiciary.
Government sources indicated that there was no change in the status quo as regards filling of vacancies. Referring to the government proposal to extend the retirement age of judges, authoritative sources said that no final decision had been taken yet.
SJB lawmaker Dayasiri Jayasekera told The Island that they would raise the issue in Parliament this week.
He said that the deliberate delay in making appointments to superior courts and the move to extend the retirement age couldn’t be taken separately.
The MP noted that the Bar Association of Sri Lanka, the Lawyers’ Collective, the Colombo High Court Lawyers’ Association, Colombo Magistrate’s Court Lawyers’ Association and the Bar Association of Badulla had opposed the government move.
There hadn’t been any public statements in support of the government move, MP Jayasekera said, urging the government to end uncertainty in the judiciary.
by Shamindra Ferdinando
News
Sajith calls on Opposition parties to rally around SJB
SJB leader Sajith Premadasa has invited the UNP and other political parties to join his party. Premadasa, who is also the leader of the Opposition, has emphasised that the UNP and the SJB could reach a consensus on policies but his party wouldn’t, under any circumstances, accept whatever formula to share positions. Premadasa said so, speaking to the media over the weekend, after meeting the Mahanayaka Thera of the Malwatta Chapter of the Siyam Nikaya Most Venerable Thibbatuwawe Sri Siddhartha Sumangala Thera.
A statement issued by the Opposition Leader’s Office quoted MP Premadasa as having extended an invitation to all political parties to give up extremist policies and join the SJB.
The SJB leader alleged that the NPP government feared facing elections and that was the reason for the inordinate delay in holding Provincial Council polls. PC polls were last held in 2012, 2013 and 2014, on a staggered basis. Premadasa said that if PC polls were held his party would definitely win the majority of PCs.Premadasa also urged the government to reduce electricity tariffs and fuel prices.
News
Ex-EC Chief slams govt. over PC polls delay
Former Chairman of the Election Commission, Mahinda Deshapriya, on Saturday, strongly criticised the continued postponement of local government elections, declaring that every day without elections constitutes a violation of both the Constitution and democratic principles.
Speaking during an interview with journalist Bhanuka Rajapaksa, on Hiru TV, on Saturday, Deshapriya described the current administration of local government institutions by unelected officials as fundamentally undemocratic and contrary to the spirit of representative governance.
Deshapriya said local authorities, across the country, are presently being managed by secretaries and bureaucrats rather than elected representatives, depriving citizens of their democratic right to be governed by individuals, chosen through the electoral process.
“If the Constitution recognises and provides for local government institutions, then it is the responsibility of the State to ensure that elections are held and that these bodies are administered by representatives, elected by the people,” he said.
Deshapriya rejected attempts to justify the prolonged delay, arguing that responsibility for the situation rests with the government.
He noted that while various political parties have publicly stated their readiness to face elections, the ruling administration possesses the authority to resolve any issues relating to the electoral system.
The former Election Commission chief pointed out that the government enjoyed a two-thirds majority in Parliament, enabling it to enact any legislative amendments required to facilitate the conduct of elections. Instead, he said, successive committees and review processes had been used to postpone a final decision.
He also referred to efforts by opposition legislators who have moved motions seeking to address concerns relating to the electoral framework and expedite the holding of local government polls.
Deshapriya warned that any attempt to appoint a fresh delimitation committee could further delay the electoral process, making it unlikely that local government elections would be held within the current year.
He also dismissed claims that financial constraints have prevented the conduct of elections. Expressing surprise at such assertions, he questioned how funding shortages could be cited as a reason for postponement while expenditure continues in other sectors.
According to Deshapriya, the existence of laws establishing local government institutions imposes an obligation on the State to ensure that those institutions are populated through democratic means.
“The legal framework exists. If elected representatives are not appointed through elections and institutions continue to function under unelected administrators, that is a failure of the State,” he said.
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