Columns

•  President holds talks with Premadasa’s Samagi Jana Balavegaya but wanted three party leaders left out of delegation
• Election Commission and President in constitutional dispute over parliamentary elections; Deshapriya rejects allegations of playing politics

The shock for Samagi Jana Balavegaya (SJB) leaders came through a telephone call just hours before a meeting they were to hold with President Gotabaya Rajapaksa last Monday.

An aide to presidential secretary P.B. Jayasundera told SJP leader Sajith Premandasa’s office assistant that three members of his delegation would not be welcome for the meeting. Two were former cabinet ministers — Patali Champika Ranawaka and Rishad Bathiudeen. The former is the General Secretary of the Jathika Hela Urumaya (JHU) and the latter, the leader of the All Ceylon Makkal Congress (ACMC), both partners of the SJB. The third was attorney Suren Fernando, who is on the Balavegaya’s National List.

The SJB partner leaders went into an emergency meeting to discuss the telephone intimation. They decided that leader Premadasa and the SJB Secretary, Ranjith Madduma Bandara should attend. After all, the meeting has been granted at their request so they could raise urgent issues related to the prolonged curfew, the fight against Corvid-19 and the impending parliamentary elections.

President Rajapaksa explained to his officials the reason why he chose to leave out the trio. There were investigations, he noted, against former ministers Ranawaka and Bathiuddin. He said both had been enlarged on bail. “If I meet them, I will be delivering a wrong message,” he said, adding that “this may even influence others.” As for Suren Fernando, he noted, that he did not expect to get involved in a legal discourse. He appears to have sensed that issues related to the constitution, parliamentary elections and other matters might be raised.

During the meeting, where Prime Minister Mahinda Rajapaksa was also present, Premadasa spent the first part raising issues related to the Covid-19 pandemic. This was particularly about urgent measures to contain the deadly virus with occasional responsive inputs from Minister Wimal Weerawansa, leader of the National Freedom Front (NFF). Ministers Dullas Allahapperuma and Dinesh Gunawardena were also present. President’s Special Envoy Basil Rajapaksa gave a briefing on how food was being distributed in different parts of the country. This came after Premadasa spoke of there being little or no coordination between producers and consumers. District Secretaries and their deputies have been roped in for the exercise with the Grama Sevakas helping at the grassroots level. An exit strategy was mooted. The SJB duo also complained of drug shortages and what they claimed were “insufficient testing” — a claim dismissed by medical professionals involved in the campaign to cope with the deadly virus.

A two member Samagi Jana Balavegaya delegation comprising alliance leader Sajith Premadasa and general secretary Ranjith Madduma Bandara held a meeting with President Gotabaya Rajapaksa to discuss urgent issues facing the country. The delegation’s strength was reduced to two after the President told the SJB leader not to include Champika Ranawaka, Rishad Bathiudeen and lawyer Suren Fernando.

As expected, the discussion turned to the conduct of parliamentary elections. Reported last week in these columns were highlights of two letters which Election Commission wrote to President Rajapaksa. To place matters in context, the full text of the two letters in Sinhala, translated into English, is given below:

31 st March 2020

Dr P.B. Jayasundara,

President’s Secretary

The Date of the Parliamentary Election and Convening of the New Parliament

1.    As per Extraordinary Gazette Notification 2165/8 dissolving Parliament that was issued on March 2, 2020 by His Excellency the President, the poll to elect Members to Parliament, otherwise known as the Parliamentary Election, was due to be held on April 25, 2020 with the date of convening of the new Parliament scheduled for May 14, 2020.

2.  However, on account of the COVID-19 outbreak, the Election Commission has announced that the election cannot be held on April 25 and that it can only be held on a date that falls after May 14.

3.  In light of this situation, the President must, through a gazette notification, declare a new date on which the new Parliament is to be convened. As per provisions of the Constitution, the new Parliament must be convened no later than three months from the date on which Parliament is dissolved. As such, Parliament must be convened by June 1, 2020.

4.  In order for Parliament to convene on June 1, 2020, the election must be held on either May 27 or 28. For this to be possible, initial preparations to hold the election must begin by April 20. For that to happen, the impact felt by COVID-19 throughout the country by this date must be negligible, so that officials of the Election Commission, other Government officials, as well as political activists will be able to conduct their activities without any obstruction or fear.

5.  When considering the situation prevailing today, March 30, 2020, many are of the view that it is unrealistic to expect such a situation to develop by April 20.

6.  Accordingly, if the situation does not fully improve, it will not be possible to hold the election before the end of May. Consequently, the Election Commission observes that a constitutional crisis will arise as Parliament will not be able to convene before June 2, 2020.

7.  Please take steps to make the President aware of this matter without delay. Furthermore, I also kindly urge you to obtain the advice of the Attorney General about the same.

Mahinda Deshapriya

Chairman, Election Commission

(For Election Commission)

The Election Commission Chairman’s second letter was a further elucidation of what he said before. Here is the full text:

01.04.2020

URGENT

Dr P.B. Jayasundara

President’s Secretary

Parliamentary elections and date on assembling of Parliament

01.Further to the letter dated 31.03.2020.

02. Considering the increase of the number of COVID-19 patients during the past 24 hours and the advice of the epidemiologist it is clear that it is not possible to control the spread of the virus during the month of April.

03. Therefore, it is not possible to conduct the Parliamentary elections even by the last week of May. The observation of the Elections Commission that met on 01.04.2020 was that the new Parliament cannot be summoned before the lapse of three months after Parliament was dissolved on March 02.

04. The opinion of the Elections Commission is that it is suitable that the President, as soon as possible seeks the guidance of the Supreme Court to resolve the issue.

05. Please convey this without delay to the President.

Sgd: Mahinda Deshapriya,

Chairman

Elections Commission

(On behalf of the Elections Commission)

The Election Commission three members– Chairman Mahinda Deshapriya, N.J. Abeysekera, Member and S. Ratnajeevan H. Hoole, Member – jointly signed a Gazette notification published on March 21. It was an order under Section 24 (3) of the Parliamentary Elections Act, No 01 of 1981. Here is the order:

“In terms of Section 24 (1) of the Parliament Elections Act, No. 01 of 1981, the Election Commission has specified that the poll for the Election of Members of Parliament from each of the Electoral Districts mentioned in the Schedule hereto shall be taken from 07.00 a.m. to 04.00 p.m. on the 25th of April 2020, by the notice published in the Gazette Extraordinary No. 2167/12, dated 20th March, 2020, however, in terms of the powers vested in the Election Commission under Section 24(3) of the Parliament Elections Act, No. 01 of 1981, the Election Commission hereby announces that the poll for the Election in the Electoral Districts mentioned in the Schedule below cannot be taken on the 25th of April 2020 due to the Covid-19 outbreak in Sri Lanka. (ii) It is further notified that the Election Commission will appoint a day coming after fourteen days from the 30th day of April 2020 as the day for the taking of the poll for the Election of Members of Parliament.” The schedule lists the 22 electoral districts.

As is clear from the above order, “the Election Commission will appoint a day coming after fourteen days from the 30th day of April 2020 as the day for taking of the poll.” That could be a date in June or July depending on whether the scourge of Covid-19 is curbed.

Both Premadasa and Madduma Bandara raised issue over Chairman Deshapriya’s position with regard to parliamentary elections. President Rajapaksa explained that he would be sending a reply to the Election Commission but asserted that he had no plans at all to re-convene Parliament. He made clear that seeking an interpretation on the constitution “is entirely my discretion.” I am not like one of the previous presidents – Chandrika Bandaranaike Kumaratuanga, Mahinda Rajapaksa or Maithripala Sirisena, he exclaimed. “I am Gotabaya Rajapaksa,” he asserted and pointed out that “my advisors are not the same.”

President Rajapaksa, who is earning plaudits from most Sri Lankans and even Colombo-based diplomats over his spearheading the anti-Covid-19 campaign appeared not worried about the impending constitutional crisis which the Election Commission has warned of. He insisted that he had acted in accordance with provisions of the constitution and it was a matter for the Election Commission. A set of senior lawyers have been advising him with regard to constitutional matters. This included Romesh de Silva PC, Gamini Marapana PC. Manohara de Silva PC and Professor G.L. Peiris.

President Rajapaksa came for praise during a meeting chaired by his Special Envoy Basil Rajapaksa. The meeting was attended by envoys from France, Norway, Germany, Italy and Switzerland. They said the anti Covid-19 measures were impressive and there were lessons for them to learn.

The response to the Election Commission from President Rajapaksa through the Presidential Secretary came in a letter dated April 6. Here is the full text:

“ Mr.  Mahinda Deshapriya,

Chairman,

Election Commission of Sri Lanka,

Sarana Mawatha,

Rajagiriya.

Parliamentary Election 2020 and Date of Summoning of the New Parliament

I am in receipt of your letters dated 31.3.2020 and 01.04.2020.

I am surprised that letters which have been sent for the attention of His Excellency the President by the Election Commission, in respect of the official functions of the President of Republic have been released to the press, prior to the receipt of the letters by this office and that the same have also been copied to several others.

It is relevant to set out in brief the following facts.

1.    By Proclamation made by Gazette no. 2165/8 dated 2.3.2020, Parliament was dissolved with effect from midnight of 2.3.2020 and the new Parliament was summoned to meet on 14.5.2020.

2.    By the said Proclamation, the date of election of the members of the new Parliament was fixed for 25.04.2020

3.    Thereafter,

a. The Secretaries of several political parties gave their intent to contest the election;

b. In terms of section 15 of the Parliamentary Elections Act, several recognised Political Parties and Independent Groups submitted nomination papers setting out the names of the candidates seeking election to Parliament.

c. The written consent of such candidates was also given;

d. Deposits have been duly made in terms of section 16 and 17 of the Parliamentary Elections Act.

In the circumstances several independent candidates and several recognised Political Parties have accepted and acted in accordance with:-

a. The order dissolving Parliament;

b. The order fixing the date of Poll;

c. The date on which nomination papers be received; and

d. The nominations have been submitted to respective Returning Officers.

The Election Commission was obliged under Section 24 of the Parliamentary Elections Act to publish a notice in the Gazette specifying the matters referred to in sub paragraphs [a] to [d] of Section 24[1].

It appears that by the Gazette No.2167/12 dated 20.03.2020, notice was published specifying only the matters set out in [a] and [c] of Section 24[1], that is the poll will take place between 7.00a.m. and 4.00 p.m. on 25th April, 2020 in each electoral district and the electoral districts in which the election is contested.

Thereafter, a Gazette No.2167/19 dated 21.03.2020 has been issued by the Election Commission wherein the Commission has stated that the poll cannot take place on 25.04.2020 and the Commission will appoint a day coming after 14 days from 30.04.2020 as the day of taking of the poll.

Regrettably, it is necessary to point out that in terms of Section 24[3] the Commissioner is obliged to specify another day for taking such poll in the Gazette issued under section 24[3], if the poll could not take place on 25.04.2020.

Furthermore, the day for taking such poll has to be 14 days after the day on which the date of the gazette published under section 24[3] of the Parliamentary Elections Act. As per the advice by His Excellency, it is not possible at this point of time to state that the election cannot be held on or before 28.05.2020. The date for fixing the poll is the responsibility of the Election Commission and His Excellency has no wish to interfere with duties and obligations of the Election Commission.

I may point out that in terms of Section 24[3] of the Parliamentary Elections Act, the time period giving notice of adjourned poll is not less than 14 days which implies that poll which was postponed, could be held even on 15th day.

I need hardly emphasise that it is the right of the people of this country to exercise their franchise, which is their sovereign right. In the total circumstances set out hereinbefore, I am instructed to inform the Election Commission that the question of Reference to the Supreme Court in terms of Article 129 of the Constitution does not arise.

P.B. Jayasundara

Secretary to the President

The Sunday Times has learnt that President Rajapaksa had a telephone conversation with EC Chairman Deshapriya. The same sources said they discussed issues related to the parliamentary elections. The President has explained that after his proclamation dissolving Parliament, nominations have also been concluded. The elections, however, have been put off by the Election Commission. He has also said that he had no plans to re-convene Parliament, again a matter which was his own prerogative.

The release to the media of their two letters clearance from the President’s office irked government leaders. In public statements, Minister Wimal Weerawansa hit out at the Chairman of the Election Commission for allegedly “dabbling in politics.” He said, “the Commission, as if it has woken up from slumber, says politicians should not get involved in the distribution of relief to poorer sections in the wake of the Covid-19 crisis. What we are doing is not politics. We do not want to get hold of coronavirus patients and do our politics. Whether it is ruling party members or opposition members, they need to give leadership to this.

“Officials alone cannot carry out this task. If the Election Commission considers this as getting involved in politics, it is the Election Commission that should distribute medicines. What we are doing is fulfilling a social responsibility. We do not have differences on party basis. It is better to stop the Election Commission doing politics. We can understand the politics of the Election Commission. We are not children; we can understand how the Commission acted during the previous government and how it acted when the government changed. Therefore, we wish to tell the Commission and the clan there that they should stop doing politics.”

Election Commission Chairman Mahinda Deshapriya responded to these comments in his Facebook. Without making pointed reference to Minister Weerawansa, he said he could not react with the same tenor and tone to remarks made against the Commission. However, he said, the Commission had at no time declared that politicians should not distribute relief to those affected. That was a serious allegation but untrue. He said the Commission, however, had said that in carrying out such relief work, they should not try to make political capital. This is not only at a time of crisis but also but also under other circumstances.

Other than the campaign against Corvid-19, trying to defuse a constitutional crisis, economic issues are taking high priority attention. One area where President Rajapaksa has directed that immediate attention be paid is an estimated 100,000 Sri Lankans who have lost their jobs overseas. The government has been told that Kuwait has asked all their expatriate labour population to leave the country. Other West Asian nations affected by Corvid-19 have given the option to employers to decide whether they should employ expatriate labour. This has led to an important Presidential directive – that Foreign Employment Bureau (FEB) will from now on focus on the welfare of not only Sri Lankan workers who have gone through legitimate channels but others who have left unofficially through different means.

The other is a vast student population stuck abroad, particularly in different parts of India. This week ministers discussed at the cabinet the fate of a group of Sri Lankans who are stranded in different airports after the closure of the Bandaranaike International Airport. Added to that, there have been a large number of Sri Lankans who have migrated to other countries to return with their families. Also discussed was financial relief to private sector companies in different spheres.

Needless to say, that the return of those who are employed abroad will deprive their families in Sri Lanka of any revenue. That apart, foreign exchange remittances from them will come to a halt. Another difficulty posed by those wanting to return is the requirement that they should undergo quarantine. The present 47 centres are said to be inadequate to meet the numbers and construction of new ones will leave the government with a lack of doctors and other medical staff. At present, these centres could accommodate around 4,000 inmates. Parents of students have been advised to contact the Foreign Ministry in case they wish to send messages to their children.

Amidst these developments, the countrywide curfew is most likely to continue even after the national holidays. Presidential Special Envoy Basil Rajapaksa, who heads a 40-member Task Force told the Sunday Times, “We are appealing to the people, in their own interest, not to mingle in crowds during the New Year. Even family meetings should be restricted to the minimum if we are to get rid of the scourge of Covid-19 soon. We are making sure that all essential services will function during the national New Year season. Our first, second and third priority is to restore normalcy as soon as possible. We have to do it without an escalation of the situation.”

Prime Minister Mahinda Rajapaksa addressed Sri Lankans in a speech simulcast over all television channels last Tuesday. Whether we live or not,” he warned, will be decided by how steps are taken to control the Covid-10 pandemic. In a veiled attack on the previous regime, he said the government did not have the opportunity to have a budget approved. He noted “this is not a time to follow the traditions as required by a religion or race. This is a time to think about the country. We must remember that we can jump over this grave only if we think collectively as human beings.”

The armed forces and the police, who are in the front lines after medical professionals, in the fight against Covid-19 have been playing a commendable role. The Army’s Military Intelligence Directorate has been carrying out the tasks of tracing victims, where they travelled and whom they mingled with. In this task, the Police and Public Health Inspectors are working together.

If the present momentum continues and there is no rapid increase in Covid-19 cases, normalcy that would lead to elections and the next phase will not be far off. The question is how long. Yet, a nation owes its gratitude to those who have held it so far and giving their best to get over difficult times. They are national heroines and heroes.