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Election Commission has no authority to postpone polls: PM

18 Apr 2020

Prime Minister Mahinda Rajapaksa issuing a statement today said that the Election Commission (EC) does not have the authority to postpone elections without announcing an alternate date. "On 2 March President Gotabaya Rajapaksa dissolved Parliament and fixed 25 April for the poll and 14 May for the first meeting of the new Parliament. Ten days later, when the first Coronavirus patient was found, the President did not have the power to postpone the poll. Under Section 24(3) of the Parliamentary Elections Act No: 1 of 1981, when the poll cannot be held on the day fixed by the President, the Elections Commission is mandatorily required to fix another day for the poll." "They have no power to postpone the poll without fixing another date. Such mandatory legal requirements cannot be ignored on the basis of speculation as to what may or may not happen weeks and months into the future." Rajapaksa went on to say that the EC should first fulfill its duties under Section 24(3) and thereafter take up for discussion on any outstanding issues. Chairman of the EC Mahinda Deshapriya earlier this month, advised the President to seek Supreme Court opinion citing constitutional issues that can arise by delaying the general elections as a result of the coronavirus outbreak in the country. The EC noted that if the new Parliament is to be convened on June 1, the parliamentary polls must be held on May 27 or 28, and that the preparation for the poll should begin on 20th of April which the polls body said was highly unlikely due to the prevailing coronavirus outbreak in the country. President's Secretary P. B. Jayasundera in a response letter said that it was premature for the election commission to such conclusion. "There was no necessity to take the advise of the Supreme Court according to Article 129 of the constitution." “As per the advice by His Excellency, it is not possible at this point of time to state that the election cannot be held on or before 28th May.” “I may point out that in terms of Section 24[3] of the Parliamentary Elections Act, the time period giving notice of adjourned poll is not less than 14 days which implies that poll which was postponed, could be held even on 15th day,”Jayasundara’s letter read. Meanwhile, Former Justice Minister, Dr. Wijeyadasa Rajapakshe, PC, in a letter to the EC echoed the words of Jayasundera. Dr. Rajapakshe said that the election commission had failed in its duties to provide a date for the general election. "Although your Commission exercised the powers under section 24(3) to postpone the election due to an emergency or unforeseen circumstances, you have failed and neglected to perform your constitutional and statutory duties and obligations by not fixing a new date of election, which should not exceed a period of three months from the date of the dissolution as it was a mandatory requirement in terms of Article 70(5)(c) of the Constitution," Dr. Rajapakshe added.    

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