As Sri Lanka gears up for the upcoming Local Government (LG) Elections under fresh nominations, the Election Commission (EC) has set a deadline for political parties and independent candidates of the nomination list of the LG Elections postponed in 2023 to reclaim their deposit money.
Speaking to The Sunday Morning, EC Chairman R.M.A.L Rathnayake stated that Rs. 150-160 million was set to be refunded to political parties and independent groups. He noted that Rs. 59 million had been reimbursed as of Thursday (27 February).
When asked for a breakdown of the refunds, including the number of parties and independent candidates who had received reimbursements, he stated that it was difficult to provide specific details.
Rathnayake confirmed that candidates must submit the receipt issued by the commission when they initially made their deposit, along with a formal letter, before Friday (28 February) to qualify for a refund.
He emphasised that refunds were only processed upon submission of these documents, noting that they were processed within one to two days and several candidates had already received their money.
“We issue a cheque as a refund within one to two days and have already reimbursed those who have submitted the relevant documents,” Rathnayake said.
When inquired about the timeline for calling for fresh nominations, he stated that it was currently difficult to determine.
Refund process and challenges
Meanwhile, Institute for Democratic Reforms and Electoral Studies (IRES) Executive Director Manjula Gajanayake explained that the Cabinet had decided to cancel previous nominations and return all deposits.
“Some Opposition parties have pointed out that if they are to contest the next election, they will need the deposit money,” he said, estimating the total amount to be more than Rs. 120 million.
Gajanayake further noted that independent candidates were required to deposit Rs. 5,000 per candidate, while party members paid Rs. 1,500 each.
While the refund process is straightforward, certain candidates may face difficulties in retrieving their money. He clarified that the primary requirement for reclaiming the deposit was the receipt. “Candidates will only need to submit a formal letter if they have misplaced the receipt,” he said.
The process is currently handled manually, as the EC does not have an automated mechanism in place for deposit refunds.
Similarly, People’s Action for Free and Fair Elections (PAFFREL) Executive Director Rohana Hettiarachchi further elaborated on the refund process, noting that political parties and independent groups must claim their deposits from designated locations.
“Certain parties submit the deposit for all local authorities in one place in Colombo, allowing them to collect the money there after submitting their receipt,” he said.
Others, particularly independent candidates who filed nominations for specific districts, must submit their receipts at their respective district offices.
“For independent groups, the group leader, who is also a candidate, must submit the receipt, while for political parties, the party secretary or their nominee must submit it,” Hettiarachchi explained.
EC’s preparations for upcoming election
With the refund process underway, the Election Commission is now turning its attention to the upcoming elections. The EC was expected to meet on Thursday (27 February) to decide on the election date and logistical arrangements.
Gajanayake outlined the legal timeline for the election process, stating that according to the Local Authorities Elections Ordinance, the commission must take 17 days to issue a poll notice. The nomination period lasts three-and-a-half days, after which the EC will announce the election date.
“The minimum time frame for conducting the elections is 35 days with the maximum being 49 days, which means that the elections could take place within 52 (under a minimum timeframe) to 66 days (under a maximum timeframe),” he stated.
According to Gajanayake’s estimation, this suggested that the elections should be held before 20 May.
Factors affecting timing
Two legal conditions would influence this timeline, Gajanayake pointed out. Firstly, the law mandates that the elections must be conducted within three months. Secondly, the Ministry of Provincial Councils and Local Government has issued a notification requiring the establishment of 340 local authorities with elected representatives by 2 June.
Hettiarachchi highlighted that given the time required for counting votes, which would take place at polling stations, local authority level, and overall vote-based level, the election should not be delayed until the last moment.
“The EC must ensure that the 25% women’s quota is met in the final results. If the quota is not fulfilled, the commission will have to negotiate with political parties to nominate more female candidates from their proportional representation lists,” he noted.
EC’s readiness and next steps
Assessing the EC’s preparedness, Gajanayake emphasised that there were currently no legal or financial barriers preventing the elections.
“Parliament has already approved the necessary legal amendments, the ministry has issued the establishment notification, and most importantly, the Government has allocated enough funds to conduct the elections,” he stated.
Technical and logistical preparations are also in place, with the EC having conducted vehicle and human resource audits based on past elections. “These two important audits have already been finalised, so there are no technical challenges. The commission is in a good position to announce the date,” he added.
Gajanayake noted that with legal, financial, and logistical preparations seemingly completed, the only remaining requirement was the EC’s determination to proceed.