EC wants President to seek SC opinion as constitutional deadlock looms after election delay

• Constitutional provisions make it mandatory for new Parliament to meet within three months of dissolution
• EC says given current situation with COVID-19, will be difficult to hold election by end May
• Poll fixed for 25 April postponed by EC, but it has no powers to change date for first meeting of Parliament
• President had fixed 14 May for Parliament to meet when he dissolved House on 2 March
• EC says suitable to obtain SC guidance to overcome problem

The Election Commission is facing a quandary with the postponement of the 25 April Parliamentary Election, as constitutional provisions make it mandatory for the new Parliament to meet before the lapse of three months from the day of the dissolution of the Legislature.

Election Commission Chairman Mahinda Deshapriya wrote to the Secretary to the President Dr. P.B. Jayasundera this week, requesting him to bring this situation to the attention of President Gotabaya Rajapaksa, saying it would be most suitable for him to promptly seek guidance from the Supreme Court in this regard.

The President dissolved Parliament on 2 March and fixed 25 April as the date of the election, but the Election Commission decided to postpone the poll in the wake of the spread of the coronavirus. In his Proclamation dissolving Parliament, the President fixed 14 May for the meeting of the new Parliament.

The EC Chairman in his letter said  that in keeping with the provisions of the Constitution, the new Parliament will have to meet latest by 2 June, which means the election would have to be held by at least 27 or 28 May, and preparation for the poll will have to commence by 20 April at least. Given the present situation with the spread of COVID-19, the EC said it is difficult to expect that there would be a conducive environment for the holding of elections even by end May.

“The Election Commission has decided that if the situation does not become favourable for the holding of the election by the end of May, Parliament will not be able to meet before 2 June, and this would lead to a constitutional deadlock,” the letter said.

Under Article (5) (a) of the Constitution, the President in a Proclamation dissolving Parliament must fix a date summoning the new Parliament to meet, which has to be set not later than three months after the date of such Proclamation.

There is constitutional provision for the date fixed for the first meeting of Parliament by the President’s Proclamation to be varied by a subsequent Proclamation, but that also provided that the date so fixed is also a date not later than three months after the date of the original Proclamation.