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Delay in provincial polls: EC to file FR petition through private lawyers
The Election Commission has decided to file a fundamental rights petition saying the people’s rights have been violated due to the delay in conducting the provincial council elections, a Commission official told the Sunday Times.
He said the Commission is independent but it is also a state institution and, therefore, it will be represented by private lawyers since the Attorney General also will be named as a respondent in the case.
Consultations have already been held with some private attorneys in this regard, the official said. At present, the commission’s legal arm unit is preparing the necessary documents to file the case in the Supreme Court, he added.
Among the documents the EC will be submitting to the SC will be papers giving details regarding the delays in presenting to Parliament the delimitation review report.
The official said the EC will meet on May 2 for more discussions on this petition.
Private lawyers are already appearing for two cases which have been filed against the Commission over the delay in conducting the provincial council elections.
The decision to hire private lawyers was taken as the views of the EC and the Attorney General do not tally in these cases.
Former Sabaragamuwa Chief Minister Maheepala Herath and a group of provincial councillors have filed these cases in the Court of Appeal and the Supreme Court.
In the Supreme Court case, the petitioners are seeking an order for the PC elections to be held under the old Provincial Councils Act. The petitioners claim that the Provincial Councils Amended Act has become null and void since the delimitation report was defeated in Parliament last year.
The EC’s letter to President Maithripala Sirisena requesting him to seek an opinion from the Supreme Court on the prevailing law pertaining to the elections, has not received a response so far.
“It is opportune for the President to go before the Supreme Court to determine whether the defeated delimitation report can still be accepted,” Presidential Advisor Shiral Lakthilaka told the Sunday Times.
If the Supreme Court rules that the old Act is still active, then the President could gazette the defeated delimitation report, thereby enabling the elections to be held afterwards.
The Sunday Times learns that key politicians from the Sri Lanka Freedom Party (SLFP) and the United Peoples Freedom Alliance (UPFA) are of the view that the President should seek an opinion from the Supreme Court.
Mr. Lakthilaka also explained that the Review Committee which was appointed in August last year could be compelled to submit its report if the President seeks court opinion since the two-month time frame provided to submit the report has lapsed.
R.M.A.L. Ratnayake, who is a member of the five-member delimitation review committee headed by the Prime Minister, said the committee members had not been told to convene and decide on the measures concerning the review report.
“It’s been a long time since we met. But I cannot comment on the committee’s future measures since it is the Prime Minister who can decide on these matters as the committee chairman,” Mr. Ratnayake said.
Meanwhile, the Western Provincial Council’s term will end at midnight today thereby bringing the total number of defunct provincial councils to eight.
The Uva Provincial Council’s term is to expire on September 8.