Former Justice Minister, Dr. Wijeyadasa Rajapakse, PC, in a letter to the Election Commission has said there is no need for the government to seek the opinion of the supreme court on the date of conducting the general election. Chairman of the National Election Commission (NEC) Mahinda Deshapriya earlier this month, advised the President to seek court opinion citing constitutional issues that can arise by delaying the general elections as a result of the coronavirus outbreak in the country. "I emphasis the fact that your request to the President urging him to refer this matter to the Supreme Court seeking its opinion is highly unwarranted as the consultative jurisdiction vested in the Supreme Court under Article 129 is limited to the specific circumstances where the President is of the opinion that there is an important question of law or fact which has arisen or likely to arise. Please note that when the law has completely provided for matters referred to above, seeking the opinion of the Supreme Court makes no sense," Rajapakse said in the letter. He said the Commission was obliged to fix the new date of election within the said time frame enabling the President to summon the new Parliament on a day not exceeding three months from the date of dissolution as provided in Section 24(3) of the said Act. Rajapakse further noted that there was no ambiguity or uncertainty in the existing law relating to the conduct of the said election and urged the Commission to "perform its constitutional duties and obligations ensuring the sovereignty of the people which include their franchise and fundamental rights in terms of Article 2 of the Constitution." "The Commission would be responsible for its dereliction of duties and creating chaos in the country specially at this critical juncture," Rajapakse pointed out. Dr. Wijeyadasa Rajapakse's letter to the election commission is reproduced below; Parliamentary Election 2020 I write this letter as a citizen and a candidate of the Parliamentary Election which was scheduled to be held on 25th April 2020 and to insist on you to exercise the statutory duty and obligation cast upon your commission to preserve the inalienable sovereignty of the people enshrined in Article 3 of the Constitution of the Republic of Sri Lanka by conducting the said election with due diligence and within the time frame stipulated in law. Although it is not necessary to elaborate here the relevant constitutional and statutory provisions in relation to the said election, I would like to draw your attention to the following legal provisions and circumstances for completeness of my stance and for clarity. 1. The President by exercising his prerogative powers under Article 70(1) of the Constitution, dissolved the Parliament by the proclamation published in the Gazette No. 2165/8 dated 02nd March 2020 and fixed the date of election as 25th April 2020 and fixing the date of the commencement of the new Parliament as 14th May 2020 as required by Article 70(5)(a) of the Constitution. 2. The President fixed the said date of summoning the new Parliament as he was obliged to fix a date not later than three months from the date of the proclamation in terms of Article 70 (5) (b) of the Constitution. 3. Your Commission after acceptance of the nominations published the Gazette No. 2167/12 dated 20th March 2020 specifying the requirements stipulated in Section 24(1) of the Parliamentary Election Act No. 01 of 1981, but failed to specify the date of election in terms of Section 24(1)(c) to be read with Section 10 of the said Act. 4. 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. 5. Your Commission was obliged to fix the new date of election within the said time frame enabling the President to summon the new Parliament on a day not exceeding three months from the date of dissolution as provided in Section 24(3) of the said Act. 6. In the event, the Health Authority completely rule out the possibility of conducting the election due to health hazard on the new day you fixed for election, it is a matter to be addressed at that point, which is premature to address at this moment. Hence, I do not address here the remedy to be resorted to in such an event. 7. I emphasis the fact that your request to the President urging him to refer this matter to the Supreme Court seeking its opinion is highly unwarranted as the consultative jurisdiction vested in the Supreme Court under Article 129 is limited to the specific circumstances where the President is of the opinion that there is an important question of law or fact which has arisen or likely to arise. Please note that when the law has completely provided for matters referred to above, seeking the opinion of the Supreme Court makes no sense. 8. In terms of Article 103(2) of the Constitution, the object of the Commission is to conduct free and fair elections and referenda and further in terms of Article 104 (B)(3), the Commission is responsible and answerable to the Parliament, and in turn to the people. 9. Please note that there is no any ambiguity or uncertainty in the existing law relating to the conduct of the said election and I urge that your Commission shall perform your constitutional duties and obligations ensuring the sovereignty of the people which include their franchise and fundamental rights in terms of Article 2 of the Constitution. The Commission would be responsible for its dereliction of duties and creating chaos in the country specially at this critical juncture.