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Never before in history has there been such a problem in holding a declared election – like the one in Sri Lanka. The Election Commission has said on the 24th that the Local Government Council elections which were decided to be held on March 09, cannot be held on that date. The commission has also informed that the new date for the election will be announced on March 03 (tomorrow Friday). Due to this, there is a perception among many that ‘the election has been postponed’. But legal experts say the election was not postponed by law.
The election commission and opposition parties are on one side and President Ranil Wickramasinghe on the other side is pulling the ‘rope’ in deciding not to hold the election.
Even former President Mahinda Rajapaksa and the ruling Podujana Peramuna party he leads – publicly say that elections should be held. But if an election is held now, the ruling Podujana Peramuna Party will take a heavy ‘hit’ and the opposition has been continuously making accusations that President Ranil Wickremesinghe is preventing the election to save the party from that.
President Ranil Wickremesinghe says the main reason for holding an election is the lack of funds in the country.
As a result, sufficient funds were not released to the Election Commission to conduct the elections. That is why the Election Commission has announced that as per the notification, the election cannot be held on March 09.
But this situation does not mean that ‘elections have been postponed’, says legal elder Y.L.S. Hamid.
Hameed points out that the Election Commission’s declaration that the election cannot be held on the specified date is a mere declaration unrelated to the law and the declaration has no legal status.
“According to the Local Government Elections Act, there is no such thing as election postponement. After the announcement of the election – when it is not possible to hold the election due to any emergency or special situation, the date for the election can be changed, but the election cannot be postponed without specifying the date,” he explains.
On the other hand, Hameed also says that a day earlier than the 21st day from the day on which the announcement of the election date is published, cannot be declared as the new election date.
“That is, after a date is announced for the election, there is a legal provision to hold the election on another day before or after it,” he pointed out.
Legal Elder Y.L.S. Hamid
Methods of Adjournment of Election
Legal Elder Hameed points out that once the date of a local government election has been announced, the election can be postponed through three methods or a notice can be given to hold it on another date.
“The President can adjourn a local government election for which a date has been announced, through a state of emergency. The new date for the adjourned election can be announced or postponed without announcement”.
“When an unforeseen or special circumstance arises which renders it impossible to hold an election, and where there is no law to deal with it, or where there is no adequate provision in the law, the election may be postponed. In such case, the Minister-in-Charge may issue an order under section 84 of the Local Government Elections Act through the Gazette, specifying the date, or not specifying the date, for the said election. It can be postponed,” YLS said. Hamid narrated.
He said that under Section 38(3) of the Local Government Elections Act, a local government election can be postponed.
“Under section 38(3) the District Returning Officers can adjourn an election by notification in the Gazette. At the time of such adjournment, a new date should also be announced. In this case, a day before or after the previously announced date can be specified and a new election can be announced,” he said.
He also pointed out that under Section 38(3) of the Local Government Elections Act, once an election has been postponed to another date, it cannot be postponed again.
The postal voting for local councils, which was announced to be held on March 9, was scheduled to be held on February 22, 23, 24 and 28. However, that vote was also postponed.
Undissolved local councils
There are 341 local councils in Sri Lanka. Elections for 340 councils were held on February 10, 2018.
The term of office of local councils is 04 years. Accordingly, the councils for which elections have been announced should be dissolved in 2022 and elections should have been held. However, in accordance with the mandate given to the minister in charge, the terms of office of the said councils were extended for one year.
At this stage, the Election Commission has issued a notice to hold the elections for the above councils and also announced the date for the elections.
Even after the announcement of elections, none of these councils have been dissolved yet.
It is noteworthy that many people are contesting this election while holding office as members of local councils.
The announced Local Council Elections – is a mystery to the people in many ways.
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