header logo
Vallibel FD
vallible LE
Latest
Secretary to President responds to Election Commission chairman
Apr 09, 202006:39 PM
Secretary to President responds to Election Commission chairman
Mobitel inner 1278

Secretary to the President, Dr. P.B. Jayasundara has sent a letter to the Chairman of the Election Commission, Mahinda Deshapriya in response to the letters sent by the Chairman of Election Commission to the President with regard to the parliamentary election.

 

The Chairman of the Election Commission had sent letters to the Secretary to the President under the title ‘Parliamentary Election 2020 and Date of Summoning of the New Parliament’ dated 31.3.2020 and 01.04.2020.

 

He had urged President Gotabaya Rajapaksa to consult the Supreme Court on issues over holding the General Election.

 

In his response, the Secretary to the President states that as per the advice by the President, 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,” he further stressed.

 

Dr. Jayasundara further states that he is 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.

 

 

 

Following is the full text of the letter sent by the Secretary to the President

 

06th April 2020

 

 

 

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,
    • The Secretaries of several political parties gave their intent to contest the election;
    • In terms of section 15 of the Parliamentary Elections Act, several recognized Political Parties and Independent Groups submitted nomination papers setting out the names of the candidates seeking election to Parliament.
    • The written consent of such candidates were also given;
    • 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 recognized Political Parties have accepted and acted in accordance with:-

  • The order dissolving Parliament;
  • The order fixing the date of Poll;
  • The date on which nomination papers be received; and
  • 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 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.

 

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 emphases that it is the right of the people of this country to exercise their franchise, which 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

 

 

 

 

Disclaimer: All the comments will be moderated by the AD editorial. Abstain from posting comments that are obscene, defamatory or slanderous. Please avoid outside hyperlinks inside the comment and avoid typing all capitalized comments. Help us delete comments that do not follow these guidelines by flagging them (mouse over a comment and click the flag icon on the right side). Do use these forums to voice your opinions and create healthy discourse.

Comments

0
Comments are disabled

Note: Due to legal constraints, the Ada Derana Editorial team has taken a decision to disable comments on all articles concerning ongoing court procedures.

MostRead
Mobitel 1278
VideoStories
 CPC will be strengthened with 75 new fuel stations - President at Economic and Investment Summit

CPC will be strengthened with 75 new fuel stations - President at Economic and Investment Summit

MP Namal Rajapaksa further remanded until Oct. 27 over Airbus bribery case

MP Namal Rajapaksa further remanded until Oct. 27 over Airbus bribery case

Central Bank of Sri Lanka releases Financial Stability Review 2026

Central Bank of Sri Lanka releases Financial Stability Review 2026

Various Buddhist leaders and groups express views on Gnanasara Thero's monastic robes issue

Various Buddhist leaders and groups express views on Gnanasara Thero's monastic robes issue

Former CJ Sarath N. Silva claims punishment imposed on Gnanasara Thero against the law

Former CJ Sarath N. Silva claims punishment imposed on Gnanasara Thero against the law

MP Chamara Sampath Dassanayake remanded following arrest over bribery allegations

MP Chamara Sampath Dassanayake remanded following arrest over bribery allegations

 Minister Bimal reveals details of corruption cases filed against politicians and other key figures

Minister Bimal reveals details of corruption cases filed against politicians and other key figures

NPP MP Chandana Sooriyaarachchi released on bail following arrest over road accident

NPP MP Chandana Sooriyaarachchi released on bail following arrest over road accident

 Producing Gnanasara Thero before court inprison clothing sparks

Producing Gnanasara Thero before court inprison clothing sparks

 Sri Lanka reaches staff-level agreement with IMF Seventh review clears path for $345mn disbursement

Sri Lanka reaches staff-level agreement with IMF Seventh review clears path for $345mn disbursement

Gnanasara Thero sent back to prison Appeals Court orders enforcement of remaining prison sentence

Gnanasara Thero sent back to prison Appeals Court orders enforcement of remaining prison sentence

Sri Lanka rejects US pressure over Iran vessels; FM reaffirms sovereignty, humanitarian commitments

Sri Lanka rejects US pressure over Iran vessels; FM reaffirms sovereignty, humanitarian commitments

“Is the Govt. promoting diesel mafia's agenda?” Govt. curtailing renewable energy projects- Sajith

“Is the Govt. promoting diesel mafia's agenda?” Govt. curtailing renewable energy projects- Sajith

Galagoda Aththe Gnanasara Thero remanded after arrest; Appeals Court to decide next steps tomorrow

Galagoda Aththe Gnanasara Thero remanded after arrest; Appeals Court to decide next steps tomorrow

Colombo International Book Fair draws over 2.5 million visitors;Derana commended for public outreach

Colombo International Book Fair draws over 2.5 million visitors;Derana commended for public outreach

Lassana Flora