19 December, 2017

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EC Should Demand Asset Disclosure From All Candidates And Their Families

By Kusal Perera

Kusal Perara

Kusal Perara

01st December, 2014

Commissioner of Elections

election@slt.lk

Election Secretariat, Sarana Mawatha, Rajagiriya. page2image14488

Right to access assets & liability declarations of Candidates – Citizens’ right

I believe, you are much more conversant with the Declaration of Assets and Liabilities Act No. 01 of 1975 amended in 1988 as Act No. 74 than me, which requires candidates for the upcoming presidential election to hand over declarations of their assets and liabilities along with those of their families when they submit nominations on 08 December 2014.

Yet with the Act as to date not making it mandatory to hand over such declarations at the time of submitting nominations, we are aware this legal requirement is not carried out effectively.

The sole objective of this Act was to wean out corruption and fraud completely or at least minimise them in the State administration and among politicians. It is to further consolidate this objective that the Act provides for elected politicians to annually declare their assets and liabilities along with those of their family and for citizens to have official access to those declarations.

Although the Act does not provide all necessary provisions adequately to you for this purpose, the post “Elections Commissioner” you hold as an independent position binds you to a social responsibility, over and above your official duties. Election is an independent, free and democratic process that ensures the “sovereignty of the people”. This process holds valid only if the people are assured and if they can have trust, in electing a government that would respect their sovereignty. Therefore your position as Election Commissioner carries with it a social responsibility, in ensuring the election of a government that will not be corrupt, from the time of accepting nomination, through elections till its conclusion. It is therefore my firm belief, you are not holding a position that can push legal provisions ahead of social responsibility. While trusting you would not shirk such social responsibility at this election, I wish to request you to honour the following in assuring the public you would hold yourself binding to social responsibility.

  1. Request all political parties in writing and in advance to ensure their candidates submit declarations on assets and liabilities along with those of their families as required by Act No. 74 of 1988, at the time of handing in nominations. This notice to be released immediately to all media as well.
  2. If there is any who fail to hand over declaration of assets and liabilities with nominations, to insist on a sworn affidavit they would comply with the Act that requires the declaration at the time of swearing in if elected, or within 30 days of the election, if otherwise.
  3. All declarations received and sworn affidavits if any to be published in your official website whin 03 days of nominations.
  4. If any candidate had been elected from a previous national election or still holds such elected office, their previous declarations to be published in your official website within 03 days of nominations.
  5. The audited accounts for year 2013 that were handed over to you by political parties or parties in alliance that nominate a presidential candidate, to be immediately published in your official website.page3image26624

My firm belief is, all the above are requests that can be efffected. I believe, you will not say there are no legal provisions for you to effect them. The reason is, while there is no law that says you can not act with such social respoìibility, those who claim they contest to save the country and for the good of the people cannot afford to object to their implementation. Therefore there is no law, nor any other social factor to hold you back.

Shall await your early response for this.

Thank you. Yours sincerely,

Sgd / Kusal Perera A Voter

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Latest comments

  • 1
    0

    Poly Tics = Many Parasites are way beyond compliance to ethical and moral values.

    • 4
      1

      Well done Kusal!

      However, the Election Commissioner is a corrupt clown and stooge who is in Jarapassa’s pay. He should have refused to accept Mahinda jarapassa’s nomination papers and holding an ILLEGAL election in the first place! Jarapassa is an illegal candidate.

      But what do you think of Sirisena promising to “protect” Mahinda and his corrupt and criminal family?!! I can only conclude that ALL POLITICIANS in this Miracle of Modayas are corrupt and they all need to be tried and held accountable for FINANCIAL CRIMES.

      • 0
        1

        If the moda (your adjective) Sri Lankans have called an ILLEGAL (again your adjective) election, they must be grateful to erudite people of your calibre for showing them the way. The result too then would be ILLEGAL, and if Sirisena won, the results could be rescinded. I am sure the government has taken note.

    • 1
      1

      Kusal Perera –

      Thank you for taking the initiative.

      There is another project for yoy to take the initiative.

      I am quite convinced, just like Thomas Paine was in 1776, the Common Sense Pamphlet need to be concise less than 47 pages, in simple language the masses can read and easily understand. Something like “Gam Peraliya”. Another version is Gone with the Wind.

      You can get a Free Copy Pdf of the Common sense by Thomas Paine here..
      http://www.forgottenbooks.com/search?q=Common+Sense+Thomas+Paine&t=books

      http://en.wikipedia.org/wiki/Gamperaliya_%28film%29

      Now to Common sense Pamphlet. Amarasiri is Pushing the Sri Lankan version of the CS Pamphlet for Altruistic reasons. Amarasiri’s only satisfaction is the defeat of MaRa , the Despotic Medamulana MaRa Dynasty, and there is no financial gain, other than he “Good Works” and “ Pin” in afterlife, if there is any as such.

      So Amarasiri is with the Common Opposition in this endeavor. The Common Opposition should embrace Buddhists, Hindus, Muslims, Christians, agnostics, Atheists, Democrats, Republicans, and others EXCEPT the MaRa, their Shills and their cronies , BBS and Rapists and few undesirables

      However, Amarasiri has limited time. This is What Amarasiri can do. This post to the Common Opposition and well wishes, and ask them to Complete it.
      There will be 8 Chapters.

      Why, January 8,? It is the Triple Point. The Day SWRD Bandaranaika was born, the Day Lasantha Wickramatunga was killed and the Presidential Election.

      Common Sense Pamphlet
      Sri Lanka 2014
      Rata Peraliya – Family Dictatorship Vs. Democracy.

      By
      Anonymous Author(s)

      Chapter 1: Introduction Common Sense Sri Lanka 2014 – Author 1

      As long and violent abuse of power , and as the President of Sri Lanka has undertaken in his own right , to support the parliament in what he calls theirs, and as the good people of this country are grievously oppressed by the combination, they have undoubted privilege to suppress and abuse the citizens rights given by the constitution.
      The cause of Sri Lanka is in a great measure the cause of all Sri Lankans.

      Who the Authors of this Production is, is wholly unnecessary to the public, as the object of Attention is the Mahinda Rajapaksa Family Dictatorship Doctrine and Proposed dynasty Itself.

      This Pamphlet has 8 Chapters by different authors. Use Common sense and make the choice between Family Dictatorship and democracy in the Democratic Socialist Republic of Sri Lanka.

      Chapter 2: Of the origin and Design of the The Democratic Socialist Republic o ofSri Lanka in general, with remarks on the Constitution. Author 2

      Chapter 3: Of Monarchy, Dictatorship and Hereditary Succession. Author 3

      Chapter 4: Thoughts on the Present state of Sri Lanka Affairs 2014. Author 4

      Chapter 5: Of the present ability of Sri Lanka 2014 with some miscellaneous Reflections since Independence . Author 5
      Chapter 6: Rights of the Citizens of Sri Lanka. Author 6

      Chapter 7: Dangers of Dictatorship Sri Lank 2014. Author 7

      Chapter 8: Bribery, Corruption, Nepotism and Crime Sri Lanka 2010-2014. Author 8

    • 0
      0

      Kusal Perera –

      Thanks for stepping up to the plate as a concerned Citizen.

      The answer is

      Blowin’ In The Wind

      https://www.youtube.com/watch?v=QLUDJlx5jEc

      How many roads must a man walk down
      Before you call him a man
      How many seas must a white dove sail
      Before she sleeps in the sand
      How many times must the cannonballs fly
      Before they are forever banned

      The answer, my friend, is blowing in the wind
      The answer is blowing in the wind

      How many years can a mountain exist
      Before it is washed to the sea
      How many years can some people exist
      Before they’re allowed to be free
      How many times can a man turn his head
      And pretend that he just doesn’t see

      The answer, my friend, is blowing in the wind
      The answer is blowing in the wind

      How many times can a man look up
      Before he sees the sky

      How many ears must one woman have
      Before she can hear people cry

      How many deaths will it take till he knows
      That too many people have died

      The answer, my friend, is blowing in the wind
      The answer is blowing in the wind

  • 4
    0

    Bravo Kusal! Way to go. Keep up your excellent work..

  • 4
    0

    during the CJ Impeachment saga , you were busy writing to the speaker about the same issue (with regards to the MPs ), did you get any response that time?

  • 2
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    Common Candidate declared that he knows all the secrets of the Royal Family and if he is cornered, he would release all of that. King said he has a file CC and not going to use it. This behavior is an open black mailing in the public arena. In other countries ruling party and opposition may get together and protect state secrets. But, this is how Sinhala Intellectuals has been protecting the one another and the opposition the ruling.

    Here two thieves are protecting each other. When so much of corruption was going through, it is not accidental King had selected Maithiripala Sirirsena as the party secretary.

    There is no question of these two should undergo a decent investigation. Election commission should put their candidacy on hold until it is over.

  • 1
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    srilal: You are correct. I remember that very well and in fact, through this page requested Kusal to let us know whether he had any response. But unfortunately, he did not respond either.

    Kusal says: “Election Commissioner is independent..” Has he not missed the point? What “Independence” he has and under what legislation? Having said that, I totally agree that “Declaration of Assets” by the candidate is a requirement, though not implemented at all. This requirement must be made strictly enforceable and if it is not done at the time of nomination or withing a stipulated time frame,( a date before taking oaths) the winner must be “disqaulified” to take the oath. If the Election Commissioner does not do it, then a citizen, a voter must have to the right to challenge that in a court of law. This could be an stepping stone to “Good Governance”. Then no one will try to play with the voters and that will establish who the real king is, i.e the PEOPLE.

  • 1
    1

    Kusal Perera will have a long wait before he gets a response from the Election Commissioner. The objective of the Assets Disclosure Act was to expose conflicts of interest but more importantly, the follow up as to how the assets were accumulated may point to corruption. We could learn from India as they convicted Ms Jayalalitha when she could not explain how she accumulated her wealth. The Rajapakses are in a similar situation as they may not be able to explain how they acquired their assets. Given the fact that the Election Commissioner is a Rajapakse appointee, Kusal Perera’s request is like asking the lunatics how best to run the asylum

  • 0
    1

    Mr. Kusal Perera made a lengthy submission to the EC on the same matter
    few yrs. back and did not get any response nor could he have followed it by other legal means, under Mohan Peiris.

    By present day situation, cannot the EC be “purchased” for say a mere 100 million rupees – it is as simple as that. Free and Fair elections is not his game these days.

    Elsewhere a new jilmart is taking shape – PRINTING HIS OWN BALLOT
    PAPERS IN A NAVAL CAMP – has the EC leaked the secret design. Await
    hot news………..

  • 0
    1

    Don’t be silly man. This is Sri Lanka, not USA! Who is going to enforce them, when even murders get blind eye from our law enforcing agents, unless the dead one is a relative of the ruling family.

  • 0
    0

    A must read for anyone who is concerned about democracy in the Debacle of Asia:

    http://www.huffingtonpost.com/amartya-sen/democracy-governance-amartya-sen_b_6246022.html

    So this is why the opposition will lose. They do not really counter the falsehoods of the regime. Only JVP makes the attempt.

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