SC begins deliberations on PC polls

• SC effort in response to President Maithripala Sirisena’s request for an opinion on whether Provincial Council elections can be held without a delimination report

By Manopriya Gunasekera 

The Supreme Court yesterday took up President Maithripala Sirisena’s request to provide an opinion on whether the Provincial Council elections can be held without a delimination report with the decision expected to be conveyed to the President before end August. 

President Sirisena last week sought a determination from the Supreme Court on whether the Provincial Council elections can be conducted in line with the proportional representation system, which existed before the Provincial Councils (Amendment) Act which was passed in 2017. 

Chief Justice Jayantha Jayasuriya headed the five-judge Bench appointed to provide an opinion to President Sirisena. Ahead of taking up the issue, the Chief Justice, addressing open court, said 13 expert academic papers had been received by the Bench. Lawyers who represented two petitioners also presented their arguments before court on the occasion.  President’s Counsel Ali Sabry, representing petitioner Sunanda Maddumabandara argued that the issue of Provincial Council elections should be resolved by Parliament and the Executive should not be allowed to become involved in the process. 

This was especially important at a time when the delimination report was defeated by Parliament with 139 votes and the panel appointed to study the issue had not yet submitted a report, Sabry argued. 

The President sought the determination of the Supreme Court under Clause 129 (1) of the Constitution. 

Elections Commission Chairman Mahinda Deshapriya last month said the Provincial Council elections can be held before 15 October if the Supreme Court determines that the old electoral system is valid. 

The Chairman highlighted that the elections must be held before 15 October under the new system or the old electoral system as otherwise it would disrupt the Presidential elections expected to be held between 16 November and 7 December this year.

Under Section 33D of the Constitution, the President holds the power to create proper conditions for the conduct of free and fair elections on the advice of the Election Commission (EC). Based on this provision, Deshapriya said the EC in July had requested the President to seek the opinion of the Supreme Court on the issue and create a conducive environment to hold elections.

Deshapriya was confident of the capacity of the EC to hold Presidential elections soon after PC polls if it is to be held as indicated. 

However, the Sri Lanka Podujana Peramuna (SLPP), which on Sunday declared former Defence Secretary Gotabaya Rajapaksa as their Presidential candidate, had repeatedly protested the move, insisting it was an effort to delay Presidential polls. SLPP Chairman Prof. G. L. Peiris had gone on record saying the country needs a Presidential poll more than a Provincial Council election, and therefore, the former should be given priority.