Unnecessary to seek SC opinion on sitting date of next P’ment: President to EC

Friday, 10 April 2020 00:00 - - {{hitsCtrl.values.hits}}

President’s Secy. writes to EC in response to request to seek clarification on matters arising from poll postponement
President says SC reference not necessary
Says fixing poll date is EC responsibility, President has no wish to interfere with its duties and obligations

Secretary to the President Dr. P .B. Jayasundara wrote to the Election Commission (EC) yesterday, turning down a request to seek guidance from the Supreme Court to seek clarity on the date of the

President Gotabaya Rajapaksa

Election Commission Chairman Mahinda Deshapriya

meeting of the new Parliament, in view of the postponement of the Parliamentary Election that was scheduled for 25 April. The letter was sent in response to one sent by Election Commission Chairman Mahinda Deshapriya last week, requesting Dr. Jayasundara to bring to the President’s attention that it would be most suitable for him to promptly seek guidance from the Supreme Court in this regard.

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 President’s Secretary in his letter said that as per the advice by the President, it is not possible at this point of time to state that the election cannot be held on or before 28.05.2020, adding that the date for fixing the poll is the responsibility of the Election Commission, and the President has no wish to interfere with the duties and obligations of the Election Commission.

“I may point out that in terms of Section 24[3] of the Parliamentary Elections Act, the time period giving notice of an adjourned poll is not less than 14 days, which implies that a poll which was postponed, could be held even on the 15th day. I need hardly emphasise that it is the right of the people of this country to exercise their franchise, which is their sovereign right. In the total circumstances set out hereinbefore, I am instructed to inform the Election Commission that the question of Reference to the Supreme Court in terms of Article 129 of the Constitution does not arise,” the letter said.

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 COVID-19. In his Proclamation dissolving Parliament, the President fixed 14 May for the meeting of the new Parliament.

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 too provided that the date so fixed is also a date not later than three months after the date of the original Proclamation.