21 October, 2017

Gota Barred From Contesting Elections

After the adaptation of the 19th Amendment to the constitution, dual citizens will not be able to contest elections.

Gota

Gota

The 19th Amendment added a new sub-paragraph to the paragraph “Disqualification for election as Member of Parliament” in the Article 91 of the constitution.

After the amendment “No person shall be qualified to be elected as a Member of Parliament or to sit and vote in Parliament if he is “a citizen of Sri Lanka who is also a citizen of any other country’.”

In an interview with Sri Lanka Mirror two weeks ago, dual citizen former secretary to the ministry of defence Gotabaya Rajapaksa, said although he initially did not have any intention of entering politics, he feels as if various reasons have pushed him into deciding otherwise. “So if I get a chance to contest, I will,” he said while adding that he has not chosen a political party to contest yet.

The 19th Amendment disqualifies Gotabaya from contesting any elections, unless he has given away his American citizenship.

Article 91 before the amendment;

91. No person shall be qualified to be elected as a Member of Parliament or to sit and vote in Parliament –
(a) if he is or becomes subject to any of the disqualifications specified in Article 89 ;
(b) if he –
(i) stands nominated as a candidate for election for more than one electoral district at a General Election,
(ii) stands nominated as a candidate for election by more than one recognized political party or independent group in respect of any electoral district,
(iii) stands nominated as a candidate for election for an electoral district and before the conclusion of the election for that electoral district he stands nominated as a candidate for election for any other electoral district, or
(iv) being a Member of Parliament, except in the circumstances referred to in Article 70 (7) or Article 155 (4) (i), stands nominated as a candidate for election for any electoral district ;
(c) if he is the President of the Republic;
(d) if he is –
(i) a judicial officer,
(ii) the Parliamentary Commissioner for Administration,
(iii) the Secretary-General of Parliament or a member of his staff,
(iv) a member of the Public Service Commission,
(v) the Commissioner of Elections,
(vi) the Auditor-General,
22[(vii) a public officer holding any office created prior to November 18, 1970, the initial of the salary scale of which was, on November 18, 1970, not less than Rs. 6,720 per annum, or such other amount per annum as would, under any subsequent revision of salary scales, correspond to such initial,
(viii) a public officer holding any office created after November 18, 1970, the initial of the salary scale of which is, on the date of the creation of that office, not less than the initial of the salary scale applicable, on that date, to an office referred to in item (vii) or such other amount per annum as would, under any subsequent revision of salary scales, correspond to the first-mentioned initial,
(ix) an officer in any public corporation holding any office created prior to November 18, 1970, the initial of the salary scale of which was, on November 18, 1970, not less than Rs. 7,200 per annum or such other amount per annum as would, under any subsequent revision of salary scales, correspond to such initial,
(x) an officer in any public corporation holding any office created after November 18, 1970, the initial of the salary scale of which is, on the date of creation of that office, not less than the initial of the salary scale applicable on that date to an office referred to in item (ix) or such other amount per annum as would, under any subsequent revision of salary scales, correspond to the first mentioned initial,
(xi) a member of the Regular Force of the Army, Navy or Air Force, or
(xii) a police officer or a public officer exercising police functions;]
(e) if he has any such interest in any such contract made by or on behalf of the State or a public corporation as Parliament shall by law prescribe ;
(f) if he is an undischarged bankrupt or insolvent, having been declared bankrupt or insolvent ;
(g) if during the preceding seven years he has been adjudged by a competent court or by a Special Presidential Commission of Inquiry to have accepted a bribe or gratification offered with a view to influencing his judgment as a Member of Parliament or as a member of the legislature prior to the commencement of the Constitution.
(2) For the purposes of sub-paragraph (g) of paragraph (1) of this Article, the acceptance by a Member of Parliament of any allowance or other payment made to him by any trade union or other organization solely for the purpose of his maintenance shall be deemed not to be the acceptance of a bribe or gratification.

The new amendment;

Article 91 of the Constitution is hereby amended in sub-paragraph (d) of paragraph (1) of that Article as follows:-

(1)by the substitution for items (v), (va) and (vc) of that sub- paragraph, of the following items:-

“(v) a member of the Constitutional Council, referred to in sub-paragraphs (d), (e) and (f) of paragraph (1) of Article 41A;

(va) a member of any Commission specified in the Schedule to Article 41B;

(vb) the Commissioner General of Elections;”;

(2)by the substitution in item (vii) of that sub-paragraph, for the words “a public officer holding any office”, of the words “a public officer or a member of the Sri Lanka State Audit Service holding any office”.

(3)by the substitution in item (viii) of that sub-paragraph, for the words “a public officer holding any office”, of the words “a public officer or a member of the Sri Lanka State Audit Service holding any office”; and

(4)by the addition immediately after item (xii) of that sub-paragraph, of the following new item:-

“(xiii) a citizen of Sri Lanka who is also a citizen of any other country;”.

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Latest comments

  • 1
    0

    Gamarala …. now…now…now… You are putting a spoke and diluting the Venom that are being spewed in this column.

    You naughty Goviya………

    Now these vengence seekers will develop hiccups……

  • 2
    4

    Namal, first of all VP is not a politician like others, he is a voluntary leader/God sent leader. Not only Tamils but also many Singhalese think they never had a real leader like him among them – if you have any doubt leave it to secrete voting. None of the Singhalese leaders really worked for the country – many started to change them but backed off due to fear of Sinhala thugs. A great leader should not fear for his life. VP is only a symbol, God sent Krishna, Buda, Mohamed to earth to preach people. Some time God sent Tsunami, earth quake, big space stone etc. to punish bad people, survivors are with less karma. MR or Gotha will never survive. Please do not join the queue.

    • 1
      0

      “first of all VP is not a politician like others, he is a voluntary leader/God sent leader.”

      Luckily we can use the past tense for VP. Was he sent by God or one of the Gods himself? I never understood how he became Sun God. We Hindus have thousands of Gods so that one more doesn’t matter very much.

    • 0
      0

      Oh Yes,
      that is why, that God [ goat] send leader bathe from hu.man blood,
      and gave a miserable and horrible lives to tamilan and got bribes from killer Jarapassa to pawn thamils.
      Ha Ha God send leader, got killed by a another killer.???????????.
      God arrange killings also.
      WHAT BXXL SXXT, GOD’S TALK!!!!!!!!!!!.

  • 4
    0

    To hell with the 19th amendment who cares about Gota, MY3, MR Ranil, CBK or any of the politicians then and now. What people want is a decent meal at least once a day, A decent education with good teaching not cheating, proper communication for the people to move around with ease, a reasonable travel fare, a decent medical facilities, a neutral police service to protect people from criminals and thugs. A land with no government support or recognition to any faith because the government does not get any benefit from any religious institution, only useless expenses and a burden on the government purse. What the nation needs is a government that cares to every living citizen of the country by developing an infrastructure to garner better economics useful to strengthen the nation.
    A roof above the head. Every government that has been in since independence have failed in their duties to the nation because everytime there is a group of monks in saffron who would throw a spanner in the works, creating political muddle or racial disharmony. Looking back, SWRD, the father who created Tamil racism propelled my monks and who was shot by one are a bane to society at large when they interfere in the running of thecountry.
    Buddhism is a philosophy and there is no place for them to dabble in politics.
    They can wear it and confine themselves to their dharmasalas and preach and teach Buddhism or throw the saffron robes away and join politics as civilians.

    • 0
      0

      I hear you brother. I feel your pain. I totally would want all of that for SL. I absolutely agree with your thinking. Especially about the racially divisive monks who should never be in the political arena. However, we are dreaming of a Utopia that will never be, arent we? Even some developed nations with a much stable infrastructure and economic standing have difficulty in meeting these needs. Fo a poor, debt ridden, totally corrupt country riddled with fradulent administrations , one after another, there is little hope, at least in the short run. The messes left by each administration just piles up to no end, making the clean up almost impossible. How do the citizens totally revamp this without uprooting or restructuring the present system?
      An educated electorate is a start. The greed and corruption seems blended in to the genetic makeup of all parties in poilitics and that makes this an uphill battle….which should still be unabandoned.

    • 0
      0

      You mean like Singapore where uneducated uncultured filth could never be elected hence world class public transport, townships and proper housing along with jobs,proper garbage collection and island built for dumping, independent police who never take bribes, and the lights never go out?

  • 5
    0

    To hell with the 19th amendment who cares about Gota, MY3, MR, Ranil, CBK or any of the politicians then and now. What people want is a decent meal at least once a day, A decent education with good teaching not cheating, proper communication for the people to move around with ease, a reasonable travel fare, a decent medical facilities, a neutral police service to protect people from criminals and thugs. A land with no government support or recognition to any faith because the government does not get any benefit from any religious institution, only useless expenses and a burden on the government purse. What the nation needs is a government that cares to every living citizen of the country by developing an infrastructure to garner better economics useful to strengthen the nation.
    A roof above the head. Every government that has been in since independence have failed in their duties to the nation because everytime there is a group of monks in saffron who would throw a spanner in the works, creating political muddle or racial disharmony. Looking back, SWRD, the father who created Tamil racism propelled m
    by monks and who was shot by one are a bane to society at large when they interfere in the running of the country.
    Buddhism is a philosophy and there is no place for them to dabble in politics.
    They can wear the saffron robes and confine themselves to their dharmasalas and preach and teach Buddhism or throw the saffron robes away and join politics as civilians Religion and politics is like oil and water, don’t mix .

    • 4
      0

      Yasin,

      I agree with your wish list of basic needs and human rights. Millions have already emigrated and many more are trying to emigrate after finding life too difficult in SL.

      I am still hoping and working for change but with less and less hope and more cynical every day.

  • 6
    0

    Thinakural reported today that Gota is going to lead BBS and contest election. He is going to give up his US citizenship as he is worried about LTTE which is operating in US.

    • 2
      0

      Why would he join BBS ?. If he is a good nationalist and unblemished then he can contest under his own name as he is a household name.

      If your information is correct it would also prove beyond doubt that he, Gotabaya, is the parent of BBS and also proves that he is an extreme racist like his siblings. racist extremism is a dangerous trend to manage anything, even their own faith.

      These people are opportunist under the cloak of racism and are fooling their own faith and it’s followers.

  • 0
    0

    “dual citizen”… What a lame excuse by jarapalanaya to get rid of powerful opponents. LMAO!

  • 0
    0

    Gota can renounce his US Citizenship and contest an election.

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