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Election Commission backpedals on fate of Ranjan’s seat
The Election Commission will not make any statement regarding the status of the Parliamentary seat of Gampaha District Samagi Jana Balawegaya (SJB) MP Ranjan Ramanayake until the matter is clarified by Parliament, its Chairman told the Sunday Times.
There were different legal opinions expressed regarding Mr Ramanayake’s seat, and the EC members have decided it would be improper for the Commission to make any statement at this time, Nimal G Punchihewa said.
He earlier told media that Mr Ramanayake, who was sentenced to four years rigorous imprisonment by the Supreme Court for contempt of court on January 12, would lose his Parliamentary seat in another six months.
“A television channel asked me about the matter and what I said there is my personal opinion,” he maintained. “Opposing legal views have been given regarding the Parliamentary seat since then. As such, the EC has decided we would not make any statement on this subject as the Commission.”
On Tuesday, Opposition Leader Sajith Premadasa requested Speaker Mahinda Yapa Abeywardena in Parliament to allow Mr Ramanayake to attend Parliament sittings. He drew the Speaker’s attention to the EC Chairman’s earlier comments that the SJB MP would not lose his seat for six months. According to legal experts they consulted, he said, Mr Ramanayake’s seat would not become vacant “at any time” during the term of the current Parliament.
In reply, Justice Minister Ali Sabry insisted that the SJB MP’s seat fell vacant immediately under Article 89(d) of the Constitution which states that a person is disqualified from being an elector “if he is serving or has during the period of seven years immediately preceding completed serving of a sentence of imprisonment (by whatever name called) for a term not less than six months imposed after conviction by any court for an offence punishable with imprisonment for a term not less than two years.”
SJB MPs have pointed out that the Speaker had set a precedent by allowing Ratnapura District Sri Lanka Podujana Peramuna (SLPP) MP Premalal Jayasekara to take oaths as an MP and attend Parliament sittings despite being sentenced to death for murder.
However, Mr Jayasekera was convicted by a high court and has appealed his sentence. Since Mr Ramanayake was convicted by the Supreme Court, the apex court of the country, those who argue that his seat falls vacant immediately say he has no further grounds for appeal.
Attorney General Dappula De Livera has also given his opinion to the Secretary General of Parliament saying Mr Ramanayake can no longer occupy his seat given his conviction.
Speaker Abeywardena told Parliament on Tuesday that he would study the issue involving Mr Ramanayake’s Parliamentary seat in detail and consult legal experts. He pledged to give a ruling within three weeks.
In the event the Speaker decides that Mr Ramanayake is no longer eligible to hold his seat, the Secretary General of Parliament will write to the EC informing it of the decision. “We are then duty bound to gazette the name of the candidate from the same party who polled the next highest number of preferential votes as an MP to fill the vacancy,” the EC Chairman said.
If Mr Ramanayake were to lose his seat, Ajith Mannapperuma, who is next on the preferential vote list of the SJB in the Gampaha District, will replace him.