News
Ranil’s brother among those facing legal action for failing to submit election expense reports
By Rathindra Kuruwita
Thirteen cases have been filed against candidates who contested the September 2024 presidential election, as well as the political parties and independent groups that nominated them, for failing to submit their election expense reports, Commissioner General of Elections Saman Sri Ratnayake revealed to The Island on Wednesday (1 January).
Among those facing legal action is Channa Wickremesinghe, the brother of former President Ranil Wickremesinghe, who nominated him for the presidency, Ratnayake confirmed.
Of the 13 cases, three involve candidates who contested the 21 September presidential election but did not submit their expense reports. The police have initiated legal proceedings against them, the Commissioner General added.
Under campaign finance regulations, two reports must be submitted to the Election Commission: one by the candidate and the other by the political party or individual who proposed their candidacy. For independent candidates, the proposer is responsible for submitting the expense report, while for party candidates, the party’s general secretary must file the report. The deadline for submission was midnight on 13 October 2024.
According to a gazette notification dated 16 August 2024, each presidential candidate was permitted to spend a maximum of 109 rupees per voter on campaign activities, amounting to over 1.8 billion rupees (approximately six million US dollars) per candidate. The expenditure limit was set at 60% for the candidate and 40% for the political party or proposer handling their campaign.
“Battaramulle Seelarathana Thera, Sarath Keerthiratna, and P. Ariyanethiran are the three candidates who have not submitted their expense reports. Moreover, neither their political parties nor the individuals who proposed their candidacy have submitted reports either. We have provided the necessary information to the police, who have filed cases against the candidates as well as the secretaries of the political parties or the proposers,” Ratnayake explained.
He added that seven political parties or independent groups have also failed to submit expense reports, despite their candidates having done so.
“There are four such registered parties: the Democratic Unity Alliance, United Lanka People’s Party, Samabima Party, and Democratic United National Front. Then there are three independent candidates whose nominees had not submitted reports. H.M. Asitha Bandara, who nominated Victor Anthony Perera; Archana Ranatunga, who nominated K.K. Piyadasa; and Channa Wickremesinghe, who nominated Ranil Wickremesinghe, are also facing legal action,” he said.
Ratnayake noted that once expense reports are received, they are displayed for 10 days online and at the Elections Secretariat. Civil society has the responsibility to review and scrutinise these reports, and the Election Commission takes legal action against those who fail to submit them via the police.
“The Election Commission does not have the authority to verify the accuracy of the expense reports submitted by candidates and parties. Civil society is better positioned to identify discrepancies. People can check all expense reports online, even now. Civil society can review these reports and take legal action, if necessary,” he said.
The Commissioner General explained that the Regulation of Election Expenditure Act was passed in 2023, ahead of the local government elections, and many of their suggestions had not been incorporated. “There are many weaknesses in the act. We only play the role of returning officer; we have no power or ability to investigate the reports submitted by candidates. We introduced a standard format for submitting expenditure during the 2024 presidential election period to allow for easier comparison. However, some individuals submitted reports as brief as two pages. I believe civil society and others should review these reports and take action,” he said.
Ratnayake also revealed that 1,042 candidates who contested the 21 November general election have not submitted their expense reports. The deadline for submission was 6 December. “We have instructed district returning officers to collaborate with DIGs in their respective areas to file cases against those who have not submitted reports. We will provide all necessary documents, and the police, after conducting investigations, will file cases through the Attorney General’s Department,” he said.
The Commissioner General urged civil society and political parties to take a more proactive role in scrutinising the expense reports submitted to the Election Commission. “If there is misleading information, they should take action. We all have divided responsibilities, and democracy will only function effectively if we take these matters seriously,” he said.
The Frontline Socialist Party (FSP) yesterday accused the government of seeking to use the proposed Protection of the State from Terrorism Act (PSTA) to suppress popular political activity, claiming that some of its provisions were more repressive than those of the Prevention of Terrorism Act (PTA).
FSP Education Secretary Pubudu Jayagoda told a media briefing, in Nugegoda, that the definition of terrorism in the Bill was so broad that it could be used to label almost any form of popular political activity as terrorism.
He said the Bill’s approach to defining terrorism was based largely on attempts to compel a government, or an international organisation, to do, or refrain from doing something, rather than on internationally recognised criteria, such as killings, causing serious bodily harm, kidnapping or acts intended to spread terror among the public.
Jayagoda also alleged that the Bill transferred substantial powers from the judiciary to the executive, while extending powers of arrest, investigation and detention to the armed forces, in addition to the police.
He claimed that the government had sought to portray the Bill as a replacement for the PTA while retaining or introducing provisions that could facilitate political victimisation and repression.
The FSP also questioned the government’s decision to proceed with the Bill, despite having previously sought public views on an earlier draft.
Jayagoda said a draft had been published earlier this year, with the period for public submissions ending on February 28, but the Bill subsequently gazetted was essentially the same draft with some provisions rearranged.
Jayagoda also referred to a letter reportedly sent by Attorney-at-Law Saliya Peiris, a member of a Committee, chaired by President’s Counsel Rienzie Arsecularatne, that had been appointed to draft the legislation. He said Peiris had stated, in the October 06 letter, that changes had been made to the draft prepared by the Committee.
“This means that even the Committee, appointed to prepare the Bill, was a deception,” Jayagoda alleged.
He said that the PSTA was fundamentally similar to the Anti-Terrorism Bill introduced by the previous government, in 2023, which the National People’s Power (NPP) opposed and challenged in court.
“If the NPP opposed that Bill then and is now bringing the same legislation before Parliament, the government must explain its position,” he said.
Jayagoda called on NPP MPs to oppose the PSTA in Parliament and urged trade unions and other groups to build a broad public movement against the legislation.
He challenged the government to an open debate on the Bill.
Former First Lady Shiranthi Rajapaksa was yesterday remanded until 13 October after being produced before the Colombo Magistrate’s Court following her arrest by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).
Shiranthi, wife of former President Mahinda Rajapaksa, was arrested at her residence on Poorwarama Road, Kirulapone, after CIABOC officers recorded a statement from her for nearly two hours.
According to the CIABOC, the arrest was made over allegations that Rs. 10 million obtained from the National Savings Bank through the Siriliya Saviya organisation was misappropriated.
The money was allegedly obtained to provide a Computed Tomography (CT) scanner to the children’s hospital. Investigators allege that the scanner was not provided and that the funds were instead unlawfully used.
CIABOC is investigating alleged offences under the Public Property Act and corruption-related provisions in connection with the transaction and other financial activities involving Siriliya Saviya, which was headed by Rajapaksa.
Rajapaksa returned to Sri Lanka on Monday night on a flight from Malaysia after travelling overseas for medical treatment. She left for Singapore on 16 September after being admitted to a private hospital in Colombo on 15 September following an illness.
She had been due to appear before the Financial Crimes Investigation Division (FCID) on 13 October in connection with its investigation into the financial affairs of Siriliya Saviya.
Meanwhile, her lawyers filed an anticipatory bail application before the Maligakanda Magistrate’s Court on Monday, seeking an order preventing her arrest in connection with the FCID investigation.
Former National Savings Bank (NSB) Chairman Pradeep Kariyawasam was yesterday granted bail by the Colombo Magistrate’s Court following his arrest by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).
Kariyawasam, husband of former Chief Justice Shirani Bandaranayake, was arrested in connection with the Bribery Commission’s investigation into the ‘Siriliya Saviya’ account linked to former First Lady Shiranthi Rajapaksa.
The investigation concerns financial activities involving the Siriliya Saviya initiative, which was headed by Rajapaksa, wife of former President Mahinda Rajapaksa.
CIABOC is continuing investigations into the alleged financial irregularities relating to the account.
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