Can we hold Parliamentary Election 2020 at least now?

By Harasi

The former parliament was dissolved by the President in January 2020, by Proclamation in accordance with Article 70 (1) on the completion of it’s full tenure of five years in office [Article 62 (2)]. The same Proclamation also fixed dates for the election of Members of next Parliament, and to summon the new Parliament to meet, in April 2020 as provided by the Constitution. The event was nothing but normal, fully constitutional and democratic, aiming to pave way for the election of next new Parliament. The President had won the Presidential Election a few months earlier with a huge majority of votes and the incumbent Parliament having a stronger opposition power base was evidently not very supportive in the execution of His duties and functions in office. The wish of the President, it appears, was to obtain a stronger mandate at the new Parliamentary Election for his government, in order to carry out his vision fully without any hindrance, to develop the country. The country obviously had developed a lot of faith in him, which was largely due to what he exhibited by example even by simplest of things performed: by dress, gestures, speeches, and in solving basic human problems at hand.

Days passed peacefully after the dissolution of Sri Lanka parliament in January 2020, and reports from China disclosed the emergence of a new virus in Wuhan causing respiratory difficulties in infected patients and also leading to casualties. It was revealed to be a Corona group virus named COVID-19, and soon the disease spread into many other provinces in China. Infection rate and death toll rapidly shot up and very soon, and neighbouring South Korea reported that the country was facing a Corona pandemic. In no time the disease spread to other Asian, European, middle-Eastern African countries and America Continent, making a total of some 200 odd nations and autonomic states affected by it. Airports were closed trade and commerce strangled except for movement of most important/ essential items and one by one most countries were shut-down.

The first COVID-19 patient in Sri Lanka was detected and reported in the latter part of January: a woman Chinese National touring the country, and she was admitted to the leading communicable disease hospital in Colombo for monitoring, attention and treatment, and weeks later discharged after full recovery. Schools, Universities, Technical Colleges and other teaching institutions were closed until further notice. Subsequently, many other Corona infected cases were detected at the Colombo International Airport who were either coming or returning from high risk Corona countries like China, Italy and South Korea. Sri Lanka was shut-down and a 24hr continuous curfew was imposed in five high risk Districts from 2020-03-20, and an island-wide daily curfew was imposed in other Districts from 20.00 hrs to 6.00 hrs next day. Infected cases increased in numbers-some of whom were notably Naval officers that contracted the virus while performing duty during rounding-up of some stubborn Corona suspects in positively identified human clusters; suspected cases were kept under observation for mandatory 14 day quarantine, at the hastily set-up Quarantine Centres; completely cured cases were discharged from time to time; first Corona death in Sri Lanka reported and number of deaths rose slowly reaching 9 (at the time of composing this article), and the what the people of this country experienced during the most difficult times ever, is all history. Nothing is forgotten ever!

In the wake of the mayhem the Election Commission of Sri Lanka declared it’s inability to hold the proposed Parliamentary Election in April 2020 safely, as the month of April 2020 was evidently and in reality the most crucial time period with regard to Corona epidemic. By end of April 2020 the country was facing several national issues. The country’s economy was dwindling and the needed to be brought back to normal sooner in order to be sustainable; the country was running without a Parliament for several months because the Parliamentary Election required to be held under the Constitution is held up because of the risk of Corona situation. It is vested upon the Election Commission of Sri Lanka by the Constitution to hold elections in time, and it requires a definite period of time to prepare for an election. A situation such as this had never arisen before in the election history of the country and no clear-cut provisions were available in the Constitution either to act under such circumstances.

As the country is trying hard to breathe to get back to normal, the issue of holding the Parliamentary Election as soon as possible is gaining momentum. It is the only possible and practical solution to the national issues the country is facing today. In understanding of it’s sovereign duty by the country the Election Commission of Sri Lanka declared for the second time the date to hold the proposed Parliamentary Election on June 20, 2020 safely, without making the date too far away from the date of dissolution of Sri Lanka parliament in January 2020, and also neither too early, to be safe for everybody as a whole.

Several Petitions had been filed in the Supreme Court by a number of parties against holding the proposed Parliamentary Election on June 20, 2020; one, being surprisingly, by a member of the Election Commission of Sri Lanka itself, which was thought to have been in unanimous agreement with the other two members of the Election Commission when it proposed to hold the Parliamentary Election on June 20, 2020. The five-member Supreme Court Bench that considered the petitions was calling for submissions of the petitioners and counter submissions of mediating parties to the petitions, were making deliberations for several days in the third week of May 2020. 

While, the deliberations of the Supreme Court were on-going, the Election Commission informed the Supreme Court that it cannot hold the Parliamentary Election 2020, on June 20, 2020 safely, based on the current Corona situation. The President’s Council representing the petitioner of the Election Commission then declared before the Supreme Court that his client wishes to withdraw the petition because his plea regarding the Court making 2020 June 20, the Parliamentary Election- date for 2020 null and void, is already fulfilled as per the declaration of the Election Commission. This implies that this petitioner was not in unanimous agreement with the earlier decision of the Election Commission. This seems to be the reason for his making a petition against the decision for which he had a Constitutional right. It also implies that the decision of the Election Commission for holding Parliamentary Election on June 20, 2020 would have been, a case of an equality of votes when the decision was taken, in which event, the Chairman presiding at the meeting may have used his casting vote to make the decision two to one. If that is the case it is constitutional as provided by the Constitution 104 (1) (b):

Quote: ”Decisions of the Commission shall be by a majority of the members present and voting at the meeting at which the decision is taken, and in the event of an equality of votes, the Chairman or the member presiding at the meeting shall have a casting vote.”  Unquote.

Is this act non-constitutional and un-democratic? The franchise holders of this country need to have respect and faith in all members of independent Election Commission in making a cardinal decision concerning the Constitutional rights of the people. People can accept that Election Commission truly believes that it cannot hold the Parliamentary Election 2020, on June 20, 2020 safely, based on the current Corona situation. It would not have liked to be held responsible if a second Corona wave evolved as a consequence of improperly handled Parliamentary Election 2020 on June 20. Buying few more days would not harm too much when one analyzes what is unfolding regarding general situation of the country day by day. But it cannot be put-off forever and people need to exercise their franchise right now: sooner the better. Even now people go in lines observing hygienic directions recommended by the Health Authorities to buy essential food and other items, medicine and during attending to day to day activities, keeping one meter social distance.  

Corona or No-Corona people went in lines to cast their vote all the time, keeping a similar distance from each other, because only one person at a time is allowed to enter the polling station to produce the valid polling card and be identified by NIC, name verified, finger marked with indelible ink, receive a ballot paper, cast the vote in seclusion and drop ballot paper into the ballot box; sans wearing the face mask and washing and sanitizing their hands. This is nothing new. They could be more disciplined and committed to exercise their right to franchise. All they need is to be given a chance to go for the Parliamentary Election 2020. After all South Korea held its General Election a few weeks ago very well at a more dangerous time compared to what we Sri Lankans are facing now. Is not it? 

By now the Director General of Health Services has issued a written statement to the Presidential Secretariat, the heath situation in the country is satisfactory in the view of Health Authorities to hold Parliamentary Election 2020 as revealed on the fifth day of the proceedings of the Supreme Court on this matter; although the Corona risk has not passed away completely for which a lot more time would be obviously necessary. Step by step normal activities required to respawn a peaceful country is gathering momentum: work in Public and Private sector institutions, public and private transport, taxi services, postal services, and why not holding elections? The political parties contesting elections can carry out their campaigns by reaching out to voters by post, mostly through media or even by visiting voters observing strict hygienic resolve, all of which would cost much less than holding mass rallies, erecting huge cut-outs, posters all of which are outdated now. People believe in what they see and experience and not in exaggerated oratory, mud-slinging; arson, thuggery and man slaughter any more. The country is ready so is everyone else, franchise holders are eagerly waiting and expectantly watching the Election Commission to think, act with a more positive frame of mind. So what more do we need and are we waiting for?