By Vishvanath
The prolonged electoral drought Sri Lanka has experiencedsince the last general election (2020) is coming to an end with the prospect of what may be called a deluge of polls beginning with the presidential election to be held on Sept. 21, 2024. The polls spree is bound to overwhelm the Election Commission (EC) and the political parties.
A few months ago, President Ranil Wickremesinghe, who postponed the Local Authorities (LA) elections arbitrarily in 2023 by claiming that the government had to prioritize the task of meeting the basic needs of the public over the holding of elections in view of the prevailing economic crisis, undertook to ensure that they would be held in 2025. He was also instrumental in putting off the Provincial Council (PC) elections in 2017, when he was the Prime Minister of the UNP-led Yahapalana government, which passed the Provincial Council Elections (Amendment) Act for that purpose. Ironically, all those who are hauling Wickremesinghe and the incumbent government over the coals for having postponed the LA elections, voted for the passage of that amendment law.
Attempts were made in some quarters to have the presidential election, too, postponed. There were two fundamental rights petitions claiming that the length of the presidential term was six years, and not five years; they soughtSupreme Court (SC) interventions to prevent the EC from holding the presidential election until the conclusion of the cases. Both petitions were dismissed. Then came the judgement delivered by a five-member bench of the Supreme Court on 22 August 2024 in fundamental rights applications No. SC FR 69/2023, SC FR 79/2023, SC FR 90/2023 and SC FR 139/2023 filed in respect of the postponed 2023 LA elections.
The SC held that President Wickremesinghe, the Attorney General and the EC had infringed the fundamental rights of the petitioners and ordered the EC to hold the delayed elections as soon as possible. This judgement has struck a responsive chord with all those who cherish democracy. Perhaps, President Wickremesinghe sensed that the SC order would go against him and therefore, before its delivery, he offered to hold the LA elections in 2025.
Yesterday, the EC issued a comprehensive response to the above-mentioned SC judgement. Initially, it declared on August 22 itself that the SC ruling would not affect the conduct of the presidential election. It has said in its media statement dated August 28, 2024 that the SC directive at issue and the reasoning provided in the judgement is an instrument of empowerment of its role and functions in the promotion and protection of the democratic rights of the people of Sri Lanka. “In compliance with the directive of the highest court, the Commission will proceed to schedule the Local Authorities Elections at the earliest possible time with due regard to its duty to hold other elections as required by the law.
“Taking note of the decision of the Supreme Court the Commission will accordingly assert its powers and authority entrusted to it by the Constitution and the Local Authorities Elections Ordinance to achieve the objective for which it was established by the law. The Commission calls upon all stakeholders in the electoral process to take note of the aforesaid judgment and to fully extend their cooperation in the future to enable the Commission to exercise its powers.”
The foregoing EC statement signed by EC Chairman R. M. A. L. Rathnayake himself is of crucial importance. Besides expressing its compliance with the SC order, the EC has said it views the apex court ruling as ‘an instrument of empowerment of its rule and functions in the protection of the democratic rights of the people of Sri Lanka’. It has also undertaken to assert its powers and authority to carry out its duties and functions. This statement has come amidst alleged efforts by the powers that be to undermine not only the EC but also the judiciary. It certainly points to a very positive development in the context of the separation of powers and the 21st Amendment, which curtailed the executive powers and strengthened the independent commissions. However, it is sad that the Constitutional Council, the mother of all independent commissions, has come to be seen as a mere rubber stamp of the Executive; it however defeated President Wickremesinghe’s attempt to grant a service extension to Attorney General Sanjay Rajaratnam before his recent retirement.
Now that the EC has undertaken to carry out the SC order pertaining to the LA elections, the question is which election will be held next. It is being asked whether the EC will be able to hold any election other than the LA polls.
The winner in the ongoing presidential race is most likely to dissolve the parliament immediately after his inauguration, or the incumbent President is likely to do so himself in case someone else is elected the next President. President J. R. Jayewardene dissolved the parliament immediately after the conclusion of the Dec., 1988 presidential election, which marked the end of his second term. A parliamentary election followed in quick succession after the election of President Ranasinghe Premadasa; it was held in Feb. 1989 amidst the second JVP uprising and counterterror operations, and the UNP emerged the winner by securing 125 seats. That election was marred by unbridled violence and large-scale electoral malpractices such as vote rigging.
The SC has allowed the EC some leeway; the latter will be able conduct a snap general election in case the parliament is dissolved immediately after the forthcoming presidential poll. The EC statement under discussion points out that the Supreme Court has directed it to ‘schedule the Local Authorities Elections 2023 at the earliest possible with due regard to their duty to hold other elections as required by the law.’ Thus, a parliamentary election is likely to precede the LA polls, with the PC polls being conducted next year.
There are 340 local authorities including 24 Municipal Councils, 41 Urban Councils and 275 Pradeshiya Sabhas. All these institutions are currently under special commissioners who report to the provincial Governors appointed by the President. There were some unresolved delimitation issues in respect to delayed elections to nine PCs, and they will have to be sorted out in the coming months.
One thing, however, is certain; there will be a deluge of elections beginning from late September 2024.
