No need to consult Supreme Court to fix the date for Parliamentary polls- Secretary to President informs EC

The Secretary to the President Dr. P.B. Jayasundara informed the Election Commission that a need has not arisen to consult the Supreme Court over the date to conduct the General Election, according to the letter sent by the Presidential Secretariat.

Secretary to the President, Dr. P.B. Jayasundara on April 6 sent a letter to the Chairman of the Election Commission, Mahinda Deshapriya in response to the letters sent by the Chairman of Election Commission under the title ‘Parliamentary Election 2020 and Date of Summoning of the New Parliament’ dated 31.3.2020 and 01.04.2020.

Earlier, the Election Commission (EC) wrote to the President on the difficulty of fixing a date for the Parliamentary elections amidst the coronavirus (COVID-19) crisis in the country and suggested that the President can seek opinion from the Supreme Court on conducting polls.

“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,” the letter said.

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 be taken 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.

“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 the 15th day. I need hardly emphasize that it is the right of the people of this country to exercise their franchise, which is their sovereign right,” Secretary to the President said in the letter.

“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,”