26 September, 2020

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EC Mahinda Deshapriya Makes Shocking Move To Duck Controversy Over Unconstitutional Dissolution: Attempts To Transfer Commission’s Power To ‘Commissioner General’

In a shocking development, Elections Commission Chairman Mahinda Deshapriya has made a suspicious attempt to “duck” the growing controversy surrounding the unconstitutional dissolution of Parliament and transfer powers and functions of the independent commission to a “Commissioner General”.

A letter signed by two members of the commission, Deshapriya and Nalin Abeysekera, seeking to transfer the statutory and administrative powers of the commission to Elections Commissioner General M.A. P.C. Perera. The letter says the members of the commission, met on November 10, arrived at an agreement in this regard.

However, Prof. S. Ratnajeevan H. Hoole , the third member of the has vehemently refused to sign the document.

Colombo Telegraph learns that Deshapriya has exerted pressure on Abeysekera to resign from the commission. Hoole is also contemplating resignation owing to the disagreement over the document signed by the other two members. The resignation of Abeysekera and Perera will paralyse the Elections Commission as it will have no quorum to appoint a replacement, with the concurrence of the Constitutional Council.

This gridlock will revert the electoral process to the old system where one individual, the Commissioner General, held sway over the proceedings. Strong suspicions have arisen if the document and the ‘architected’ resignations of the members of the Elections Commission was an attempt by Deshapriya to subvert the independent commission and revive the old corrupt system.

This comes against a backdrop where President Maithripala Sirisena has blatantly violated the 19th Amendment to the constitution when he prematurely dissolved Parliament and called for a snap election. The Elections Commission, established under the 19th Amendment, was the only entity that kept hopes of a free and fair elections alive despite brazen attempts by the Executive President to undermine the constitutional provisions. Deshapriya’s move to emasculate the commission and revert to the old system has given rise to the strong speculation that he was operating in sync with Sirisena’s unconstitutional agenda.

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Latest comments

  • 29
    3

    Open Day Robbery by Sirisena & Co in our history! Sirisena has decided the results of future elections.

  • 23
    0

    At this moment, it is the responsibility of all those “Parties” (Political or Individuals) who are challenging the “Constitutionality” of the “Dissolution of Parliament” by the President to immediately seek a “Writ Of Prohibition” against the Election Commission and prevent it from acting according to the Gazette Notification, in which it is stated that the “Nominations” to be accepted starting from 21st November. That “Prohibition Order” must be made valid until the determination of the cases filed challenging the President’s order of “Dissolution” of the Parliament. This is the way to help and safeguard the “Independence” of the Election Commission.

  • 17
    0

    Hey, guys, this has no impact. Nothing matters now. No, I mean, I have 100% faith in the SC that they will deliver the correct decision and annul the gazette notification, strengthening people’s confidence in the Judiciary, at a time the Executive and the Legislature both failed the country.
    The Article 33(2)(c) of the Constitution under which the President claimed to have dissolved the Parliament should read in accord with the 19A, as it supersedes all other provisions. Therefore, President’s move was a clear violation of the 19A.
    Actually, I am talking about a NEW DEVELOPMENT which could change the entire political equation in the country right now!!!!
    As reported by “Ada-Derana”, the new PM, former President Mahinda Rajapaksa has left SLFP and obtained the membership from SLPP.
    As a result, he is now ineligible to hold the Premiership even losing his seat, as he was elected from SLFP/UPFA not from SLPP!!!!!
    The same goes with all those who left SLFP/UPFA and took the membership of SLPP today/yesterday. Others include WW from UPFA (subject to correction) +many.
    When the SC annulled the gazette notification, there won’t be any change in the current Parliament.
    But only thing is, there won’t be MR/JO anymore in the Parliament, as Maithri will sack them from SLFP/UPFA for changing party/alliance and instruct the EC to appoint those who are next in the List. No, actually it will happen automatically.
    I am so worried about the former President.
    Under whose “ill advice” did he change his party at this critical juncture and join a non-representative party like SLPP? If I knew that, I would’ve told him not to!
    One report says it was a “masterstroke” by Basil. How unwise! At least MR should have waited for SC’s decision.

    • 1
      12

      But what if SC says it is constitutional ? well, take my word, MS did nothing wrong.

    • 5
      1

      About Mahinda Deshapriya’s transferring his powers to the Commissioner-General, I see it as a good development.
      Though Deshapriya is the Chairman/Election Commission, he is not answerable to anybody, not even to people.
      However, as the Commissioner-General is a SERVING Government Official, he is fully answerable to people, the State, the President and to the Parliament.
      Actually this is good.
      Anyways, I don’t think there will be an election as the President has no INDIVIDUAL POWER to dissolve the Parliament.

  • 4
    0

    Lovely

  • 9
    0

    Even the last bastion of democracy behaving badly? May the case of eradication of any resemblance of democracy exist in SL? Isn’t there any hope for democracy in SL?
    However the Presidential system must be brought to an end. The people must choose a party that will be elected in this parliament mandated with the new constitution that can get rid of Presidential system. We should not be penalised by mentally-challenged or phobia-ridden individuals at the helm of Executive and commanding the armed forces and commandeering any notion of democracy at his whim and fancy. A collective system with accountability should be replaced. Sri Lankans can revise the constitution with two-tier system where the powers (sovereignty) are shared at centre and periphery. Electrocracy must be replaced with participatory democracy. Referendums are conducted all through period as and when required to consult the people. Hell with the system that is pooling the sovereignty to an unpredictable character who abuse the power.

  • 10
    8

    “This comes against a backdrop where President Maithripala Sirisena has blatantly violated the 19th Amendment to the constitution when he prematurely dissolved Parliament and called for a snap election.”
    Who is the Competent Authority to decide whether President Sirisena violated the 19th Amendment; Supreme Court or Colombo Telegraph?

    • 4
      0

      Eagle Eye
      Colombo Telegraph is the voice for voiceless people and the most prominent (may be the only) website which carries both English and Sinhala forums, simultaneously.
      About the 19th Amendment, I guess, over 99% people here are aware of the Clauses stipulated in the Constitution that are relevant to the dissolution of the Parliament.

    • 2
      0

      You can download the English pdf of the constitution, and if you read it is obvious that he has violated the constitution, “70. 45[ (1) The President may by Proclamation, summon,
      prorogue and dissolve Parliament:
      Provided that the President shall not dissolve Parliament
      until the expiration of a period of not less than four years and
      six months from the date appointed for its first meeting, unless
      Parliament requests the President to do so by a resolution passed
      by not less than two-thirds of the whole number of Members
      (including those not present), voting in its favour” you can have have different interpretations regarding the constitution, but not regarding English

  • 1
    0

    Please see the comments that I have made yesterday on page 1 of the article on the three Commissioners that appeared yesterday.
    .
    I am sorry that working with this mobile phone I cannot give you the exact link. Yesterday, I made sure that I placed my comments close to the top and I put a few words in bold.

  • 11
    3

    This Deshapriya is another traitor with no balls. He will be well remembered for the racist remarks he made that the Sinhalese were happy that Tamils and Muslims were killed during riots. He is now protecting his back. Afraid that he may be taken away in a white van by his own race.

  • 4
    1

    Seems like no end to this rolling crisis/circus. The overwhelming majority of politicians at all levels in Sri Lanka are corrupt to the core. There is very little, if any, truly independent media. Civil servants are either corrupt or powerless. Big question marks over judiciary. The prevailing democracy and civil institutions are rotten to the core, leaving the average person in the street totally helpless.

    There is no leader in sight, regardless of whatever political persuasion, who could save this country from the deep abyss it is in. Even if there is that ‘yet to be discovered’ leader, it will take at least a decade to rid the society of all the cancers and to bring it back to any sort of normalcy, and a generation to achieve the status of a developed nation.

    In the end, we deserve the politicians we vote for!

  • 4
    0

    We Salute you! It’s owing to people like you we have some self respect in this world. Mahinda Desapriya is a spotless clean man, and well respected by the people for his forthright and upright honesty in all his dealings in the affairs of the nation, and it’s people. So Sir, please don’t tarnish your good image by bending to these crooks. All have great faith in you, and depend on people like you to safe guard their democratic rights. In this crucial juncture, the world and the country are closely watching your’s and your fellow commissioners’ every move and action which going to seal the fate of one country, and it’s 21 millions people. Please discharge your duty to the nation and it’s people with integrity and honesty, and without bias or favours.

  • 5
    1

    The dirty Rowdy Drunkard Rascal Rambukwella had set in with a good hope of destroying the Media with the old Royals achievement of 174 out of 179 (only Russia, Iran, Afghanistan and Iraq was behind Lanakwe) once again when he was given the state minister post to Media. But the declaration of election has destroyed Rambo’s great dream. Go to hell Rambo -No see after election-

  • 6
    2

    KASmaalam K A Sumanasekere

    Dr Mahinda has joined SLPP so have many SLFP MPs, according to Daily Mirror.
    What is going to happen to double crossing Maithripala Hopper Sirisena and to the Pancha Maha Balawegaya SLFP, and its old supporters?

    I won’t be surprised if SLFP is marginalised.
    The party is too clever for its own good.
    If true Don Alwin Rajapaksa, SWRD Bandaranayaka, and other founder members are going to turn in their graves. Let’s take precaution and have a Daha ata sanniya exorcism.

    Bring some good arrakku or bottle of Malt, stolen cookle mus, ……..

  • 10
    1

    Last elections if I remember correctly Deshapriya vanished from the earth and then appeared after some days. At that time the rumor was that he has obtained a big packet of money from Mahinda and hid in order to protect Mahinda. This time too its possible same thing is happening. Why cannot these civil servants behave in an honorable manner. When the new Govt is formed, for the sake of the future of our children let the new Govt take all these guys before the court of law and send them to prison, so that no one else will try to do illegal things.

  • 2
    1

    This is a country that abandon its mothers on the street , in hospitals and anywhere
    on earth ! Even last week it was reported that in Polonnaruwa , one father jumped
    to a moving train with his children ! In such a country , where the hell can anyone
    find a sensible man in times of peril ? It is under pressure that men need to be tested
    for their Intelligence , trustworthiness , integrity , loyalty, love and care and this
    applies more to those who are entrusted to crucial duties ! But how can one expect
    such a standard where the most powerful legislator puts himself on sale ? And the
    Top most men offer material benefits in return for the support ? All happen in broad
    day light , not only while countrymen watching , but the whole world watching !
    So , this is a country now gone to , not any dog , stray dog ! In coming days the illness
    going to get worse , have no doubt about it !

  • 6
    3

    I have said all along Mahinda Deshapriya is a Maithripala Sirisena stooge. Now the cat has come out of the sack

  • 0
    0

    Mr. Silly has backstabbed Maha Raja, and now he backstabs Ranil W. How can anyone trust him in the future? He seems an incompetent man, who loves being in power, and will do anything to stay there. This is not good for the country.

  • 0
    0

    Br. all going reverse for My3. I knew that MR & clan would back stab him. They wanted an election, and got it with power. This silly Shitsena fell for their tricks. Only way for him to salvage himself is by holding a free and fair elections since police and forces are under him, he could do it. MR & clan gave the boot to him, and Ranil & UNP never stoop to that level. He asked for it. Day by day SLFP is being destroyed, and Pothata is raising, and great himulation for Shitsena. Even before his new marriage got consummated, his new illegal braid eloped with a new man.

  • 0
    2

    The dissolution is constitutional. That 4.5 year restriction had not been included in the draft sent to Supreme court for approval. Only afterwards it had been included. so it is not approved by SC!

    • 1
      0

      SC never approves drafts. It gives its opinion only.

  • 0
    0

    What is important is SO many Estate Plunders from the JAckal opposition and UNP are going to hand over application. Will they go through the ECF office. I heard EC is obliged to accept every application whether it is handed over by a Criminal, Fraudster, Drug lord, Thsoe who burned Maithripala sirisena’s Party offices etc., etc., They all are ganged up with Mahinda Rajapakse. IT will be the same with Ranil who is still waiting for the International PEace Keeping forces and Jayadeva Uyangoda’s CHE guvera attack.

  • 0
    0

    This comment was removed by a moderator because it didn’t abide by our Comment policy.For more detail see our Comment policy https://www.colombotelegraph.com/index.php/comments-policy-2

  • 0
    0

    CT is still crying for the crappy constitution. I heard Ranil is still waiting inside Temple trees to come out thinking when will the International community send the PEace keeping force to start the Arab Spring.

  • 0
    0

    OMG now Deshapriya.

    No man, no way, where are all the good stock of our Sinhala men gone??!

    First a Senansyake, now this guy

  • 0
    0

    Dear CT is there anyway of confirming this??

    SAITH TO CONTEST AS PM CANDIDATE?

    “Tks

  • 1
    0

    All that is visible to us documentarily is that two of the commissioners have signed the document and not the third. The exertion of pressure on the Mr. Abeysekara to resign and Prof. Hoole’s vehement refusal to sign and his contemplation to resign is a report that needs verification. In any statutory body, its board members must authorize its Chief Executive to carry out activities on its behalf and the standard practice has been followed. Deshapriya, being a veteran, knows that the best course of action is to assume that what is published in the gazette is legal unless there is a Court order to the contrary. All what we hear for the moment is impending legal action. Regarding the prorogation of the Parliament there was a lot of noise and only one Gentleman had the guts to challenge it in the Courts. Let us await for the decision if and when the decision of dissolution is challenged in the Courts.

  • 0
    0

    Are people serious with a Judiciary where Judges are recusing to sit on cases against the Rajapaksas will have the backbone to declare null and void the dissolution? I have my reservations. I believe we have no option other than getting foreign Judges to hear cases against the Rajapakss.

  • 0
    0

    I think Nagananda will have to come to the rescue, as things are we cannot trust or rely on any politician, they are all hand in glove with the corrupt, openly or stealthily. We are yet to hear from politicians, subscribers and commentators in these columns if they agree or disagree with the proposals of Nagananda which he has put before the people. Having listened to his ideas and opinion my personal feeling is that a complete transformation on similar proposals in our governance is a ‘ sine qua non’. If that kind of honesty, discipline and dedication to duty is not inculcated in our character but allow this disgraceful set of politicians to continue,we might as well surrender our political rights and human dignity and be satisfied accepting it as our destiny as the majority of sinhalese are taught to believe. By the way what could be the future election manifestos of these two major political parties who are corrupt to the very core. One will not be surprised if they yet again promise to bring all perpetrators before the law and am sure the political party die-hard in the electorate will swallow this yarn hook line and sinker.

  • 0
    0

    Roouges Vs Rouges, murderers and Rapists.

  • 0
    0

    ” Politics are very much like war. We may even have to use poison gas at times.”

    Sir Winston Churchill

  • 0
    0

    ” Extreme situations take extreme measures.” they say. I too would have passed the buck on to avoid blood on my hands and the guillotine knowing what could happen with MR backed by MS’ powers. Few solutions exist to not conduct elections and stay on to conduct all duties in the hour of crisis. EC Commissioner General would have to refer it back to Mr. Sirisena. What a situation!

    However the story does not hold water:

    1. Mahinda Deshapriya would never have forced anybody to resign, ever. It is against his grain. He would have sooner resigned than do such a thing.

    2. Mr. Abeysekera is a decent man of an independent mind and full knowledge of the law to be told to resign.

    As it is it is all very sad for every law abiding citizens. Let us not make it worse.

    Colombo Telegraph should find a better source may be from within the Elections Commission to get at the truth.

    The election commission should stay on as it is or worse will befall us.

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