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NPP complains to EC over appointment of ministry secretaries

19 May 2020

The Janatha Vimukthi Peramuna (JVP)-backed National People’s Power (NPP) yesterday (18) lodged a complaint with the Election Commission (EC) against the removal/appointment of secretaries to the ministries by President Gotabaya Rajapaksa during the pre-election period. The complaint was made by NPP National List members Asoka Pieris, Attorney-at-Law Harshana Nanayakkara, and Attorney-at-Law Upul Kumarapperuma in writing to EC Chairman Mahinda Deshapriya and EC members N.J. Abeysekera PC and Prof. Ratnajeevan Hoole. In their complaint, they alleged that the recent removal/appointment of secretaries to the ministries was a violation of Circular No. 03 issued on 3 March 2020. Citing the circular, the NPP members alleged that it was clearly mentioned in the respective circular that from 2 March till the day election results are released, is considered the election period, and during that period, the appointment/removal/promotion of government officials should be limited. While the EC has given instructions to that effect, President Rajapaksa appointed/removed several secretaries to the ministries, they stated. Highlighting the statement made by Co-Cabinet Spokesman Dr. Bandula Gunawardana, who said that the President is vested with the necessary powers to appoint/remove secretaries to cabinet ministries as those secretaries were not included in the interpretation of the term “government officials”, in response to a query by a journalist at a media briefing, the NPP members stressed that Article 170 of the Constitution elaborates on the term “government official” (public official) and according to that explanation, a government official “means a person who holds any paid office under the Republic, other than a judicial officer but does not include the president, the speaker, a minister, a member of the Judicial Service Commission, a member of the Public Service Commission, a deputy minister, a member of parliament, the secretary general of parliament, a member of the president’s staff, and a member of the staff of the secretary general of parliament”. Since the ministry secretaries are subjected to all government circulars, dutybound to government financial regulations, and also considering the explanation given for “government official” in the Constitution, ministry secretaries are clearly considered government officials and therefore, their appointment/removal is a violation of election regulations, they alleged. The NPP members have, however, urged the EC to take the necessary action. Meanwhile, when contacted by The Morning, EC Director General Saman Sri Ratnayake noted that the appointment/removal of ministry secretaries was legal as they were not covered under the election regulations. He also noted that such incidents had occurred during previous election periods as well. By Maheesha Mudugamuwa


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