SLPP TO TAKE LEGAL ACTION AGAINST ELECTION COMMISSION
Addressing the weekly SLPP news briefing, he said the writ would be sought against the EC to compel it to discharge its constitutional duty and to hold the PC elections without further delay.
“The current session of the Supreme Court will come to an end this week and therefore, I, as the Chairman of the SLPP will constitute action in the SC during its next session which is at the end of August. The SLPP will do so to ensure the people’s right of exercising vote which is a part of sovereignty as assured by the article (3) of the Constitution,” he said.
He said six out of the nine PCS would be defunct by October this year with the latest dissolving of the PCS of Central, North Western and Northern by October.
He said the government brought the Provincial Councils Elections (Amendment). Act, No. 17 of 2017 to replace the Provincial Councils Elections Act (No. 2 of 1988), but the new Act never went through all processes of Parliament.
“This is a deliberate fraud on Sri Lankans. In respect to the new law, six steps should be completed to enact it. The first step of handing over the delimitation report to the subject Minister and the second step of submitting it in Parliament by the Minister were completed so far. However, debating the delimitation report in Parliament I, as the Chairman of the SLPP will constitute action in the SC during its next session which is at the end of August and adopting it, Speaker appointing a review committee in the event the debate was not taken up, the review committee submitting a report to the President and the President issuing a proclamation to mark boundaries of wards are the last four steps which were never completed,” Prof. Peiris said.
He said an ‘unholy trinity’ of the Prime Minister, Speaker and the Opposition Leader was responsible for the disruption of the process of enacting the new electoral law.
According to section six (ii) of the Interpretation Ordinance, he said when the new law repeals the old law but the new law is not operative, then the old law continues to be valid until the new law becomes valid.
“The reason for this is clear. If it were otherwise, neither law will be valid creating a lacuna. It is to avoid this situation that this provision is included in the Interpretation Ordinance. Therefore, the Provincial Councils Elections Act (No. 2 of 1988) becomes still valid and applicable law because the new law is not operative. Therefore, it is the duty of the Election Commission to execute it’s duties,” Prof. Peiris said.