Polls Chief warns of court action
National Election Commission (NEC) Chairman Mahinda Deshapriya has warned President Maithripala Sirisena that the NEC may be forced to resort to legal action over delays in conducting the long overdue Provincial Council elections.
His warning is contained in a letter sent this week to Presidential Secretary Udaya R. Seneviratne.
The idea behind the letter, a source at the NEC said, was to persuade the President to obtain a Supreme Court determination. This is particularly in the light of the protracted delays.
The Chairman has pointed out that it was the obligation of the President to create the required conditions, by fulfilling the Constitutional responsibility of protecting the voting rights of the people when Parliament has failed to take positive steps to expedite the conduct of provincial elections.
The NEC has urged the Presidential Secretary to convey its position to President Sirisena.
The NEC has recalled that the President had, verbally and in writing, been requested to seek an opinion from the Supreme Court over his powers to call for the provincial elections and the President had assured that inquiries would be made from the Attorney General and necessary steps would be taken. However, the NEC notes that no positive steps have been taken to create a favourable climate for the conduct of the PC elections.
In view of the failure to create a conducive climate to conduct the PC elections, the NEC pointed out that there has been pressure from political parties and the people for the commission to resort to legal action.
Mr, Deshapriya pointed out that the NEC was urging the President to either consult the Attorney General or seek a direct opinion from the Supreme Court regarding the conduct of the delayed PC elections.
The terms of eight of the nine provincial councils have lapsed. They are Eastern and Sabaragamuwa ( September 2017), North Central ( October 2017), Central, Northern and North Wester n ( October 2018) and Western and Southern (April 2019). The Uva PC's term is due to end in October this year.
The NEC chairman also has recalled previous steps taken to call for early PC elections.
Mr Deshapriya in 2018 had written to the Speaker about the delay in conducting the elections for six councils whose terms had lapsed by then.
Last month, Mr Deshapriya wrote to the Presidential Secretary urging the President to seek an opinion from the Supreme Court on the possibility of conducting the PC elections under the old system.