The Government, despite being in office for over a year, has still not appointed a new Delimitation Committee to correct the errors in the Provincial Council electoral process.
Still, it intends to appoint a Parliamentary Select Committee soon to resolve the matter, according to Deputy Minister of Provincial Councils and Local Government Prabha Ruwan Senarath.
Speaking to The Sunday Morning, he stated that while the administration was keen on holding the long-overdue elections, the legal deadlock created by the previous delimitation process remains a significant hurdle that must first be cleared through legislative action.
“We are intending to appoint a Delimitation Committee as soon as possible,” Senarath said.
He explained that the Government was currently assessing the situation and acknowledged that the previous delimitation efforts may no longer be viable in the current political context.
When asked about the status of the existing Delimitation Commission, he suggested a fresh approach might be necessary.
“That involves the previous groups that drafted the delimitation report that was hilariously rejected, with the Minister who tabled it, Faiszer Musthapha, himself voting against it. We feel that with the current situation, it might need to be planned anew,” the Deputy Minister added.
The Provincial Council Elections have been stalled since the enactment of the Provincial Councils Elections (Amendment) Act No.17 of 2017. This legislation fundamentally altered the electoral system from a proportional representation model to a Mixed Member Proportional (MMP) system, where 50% of representatives would be elected from electorates and the other 50% from a list. It also mandated a 25% quota for female representation. However, the act required a delimitation report to define the new electorates before any election could be held.
The deadlock officially began when the delimitation report, prepared by a committee chaired by K. Thavalingam, was presented to Parliament. On 24 August 2018, Parliament rejected the report with 139 votes against and none in favour.
Even then Minister of Provincial Councils and Local Government Musthapha voted against it. This rejection left the country without a valid legal framework to conduct the polls, as the 2017 act had effectively repealed the previous system.
A subsequent review committee headed by then Prime Minister Ranil Wickremesinghe, which was intended to resolve the boundary disputes, also failed to provide a conclusive solution, leaving the Provincial Councils under the administration of governors as their five-year terms expired.
Despite these legal complications, Deputy Minister Senarath assured that financial provisions had already been made. “Funds have been allocated to hold the Provincial Council Elections this year. There is no issue regarding that at any moment,” he said.
However, he cautioned that money alone could not solve the legal crisis. “There is no basic law relevant to holding the election now. A decision has to be made regarding how the delimitation should proceed or whether to stick to the old system. We cannot decide that alone,” Senarath explained.
The delay has meant that some provinces have been without elected representatives for over a decade. The last round of Provincial Council Elections was held in a staggered manner between 2012 and 2014. The Eastern, North Central, and Sabaragamuwa Provinces went to the polls in September 2012, while the Central, Northern, and North Western Provinces followed in September 2013. Meanwhile, the Western and Southern Provinces held their elections in March 2014, and the Uva Provincial Council Election was the last to be held in September 2014.
The National People’s Power (NPP) Government has maintained a stance of retaining the Provincial Council system despite its broader calls for constitutional reform. In its election manifesto, the NPP pledged not to retract powers granted to the councils and instead promised to strengthen development at the provincial level. It also committed to devolving powers currently vested in the Central Government back to the Provincial Councils.
Regarding the timeline, the Deputy Minister was unable to provide a specific date for the elections, noting that the legislative process must take precedence. “We have to appoint the Parliamentary Select Committee, take a decision through it, and resolve the existing issues before moving forward. The decision to go for an election will depend on the timeframe within which we can resolve those matters,” he said.
He further clarified that once the legal issues were resolved by Parliament, the final authority on scheduling the election rested with the Election Commission.