EC's local council election decisions contravene the Constitution: AG

The ASG drew the court’s attention to several EC meeting minutes and Gazette notifications, which he claimed were in contravention of the Constitution

The Election Commission (EC) had taken all its decisions related to the local government election contrary to the Constitution and the Local Government Elections Ordinance, the Attorney General told the Supreme Court.

Additional Solicitor General Nerin Pulle stated this while making submissions on behalf of the President, Cabinet of Ministers, Secretary to the Treasury, Inspector General of Police, and the Government Printer during the hearing into the Fundamental Rights petitions filed over the failure to hold the local government election.

The petitions were taken up before a five-judge bench headed by Chief Justice Jayantha Jayasuriya, Vijith Malalgoda, Murudu Fernando, Gamini Amaraskeara, and Yasantha Kodagoda.

The ASG drew the court’s attention to several EC meeting minutes and Gazette notifications, which he claimed were in contravention of the Constitution.

The ASG also told the court that the Commission had even "amended" the Local Authorities Elections Ordinance by a mere gazette during the nomination period.

This, in effect, meant amending the law with regard to the rejection of nomination papers under the Ordinance.

The ASG also said the Commission had taken steps to start the process of conducting the election while disregarding the legislative moves to regulate election expenditure and amend the Local Government Election Law to increase youth representation. Elections held under such circumstances were deemed unconstitutional, illegal, in violation of the fundamental principles of administrative law, and, therefore, a nullity, he said.

The ASG also argued that, despite the difficulties faced, all the respondents he represented had acted in good faith with the EC, notwithstanding the serious economic situation that the country was facing.

The case will be taken up again on May 21, with ASG Pulle due to make further submissions.