Deshapriya throws a curve ball

Elections Commissioner Mahinda Deshapriya - Pic by Ruwan Walpola

• Election Commission Chairman says he will resign if PC elections are not held before 10 Nov.
• Says legal issues regarding Delimitation Report can only be sorted in Parliament or Court
• Says not holding elections as bad as corrupt elections 
• Appeals to politicians not to deny people their sovereign choice 

By Chathuri Dissanayake 

Election Commission Chairman Mahinda Deshapriya yesterday announced he would resign if Government does not make provisions to hold elections before 10 November.

“If the Government does not take necessary measures to ensure elections are held before 10 November, then I will tender my resignation,” Deshapriya said.

Visibly irate over criticism levelled at him for not holding PC elections, Deshapriya insisted that the commission is not in a position to hold elections until the Parliament or the Judiciary give a solution to the current impasse. 

“There is no operative law now, there is a deadlock or a Gordian knot,” he said, noting that the matter has been discussed both with President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe. He added the Commission also held a meeting with representatives from all political parties. 

“This can either be sorted in the Parliament or in the Judiciary now,” he said.

Terms of three Provincial Councils – East, North Central and Sabaragamuwa – elapsed 16 months ago while official tenure of Central, North and North Western lapsed four months ago. However elections have been delayed after Parliament voted against the Delimitation Report to hold elections under the new 50:50 mixed proportionate system. 

Likening the delay in holding elections to having corrupt elections, Deshapriya made a public appeal not to deny the public of their sovereignty to elect their representatives. Deshapriya said the Government does not facilitate and present necessary bills to enable the commission to hold elections. 

“Postponing elections is as bad as holding corrupt elections,” he added. 

“I appeal to the members of Parliament, the Prime Minister and the President to not deny the people of their sovereignty by further postponing the provincial elections.”  Further Deshapriya said the people of the country also had a responsibility to pressure political parties to hold elections without delay and take action to rectify the situation.

Dismissing any possibility of the Election Commission going to Court to obtain a directive to hold the election, Deshapriya said that any citizen was free to file action if they so wished.

“If we are named as a party in the case we can present our side to the Court and implement whatever the order given by the Court,” he said, noting that the Government was not violating any law by the delay, but just “dodging” holding of elections.