29 October, 2020

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No Election Until Supreme Court Gives Green Light: Mahinda Deshapriya

Elections Commissions Chairman Mahinda Deshapriya is likely to wait for the Supreme Court’s opinion on the legality of the dissolution of Parliament before proceeding with preparations for a General Election, Colombo Telegraph learns.

Election Commissionors

Deshapriya told media that he would wait for the Supreme Court’s opinion on the legality of the dissolution of Parliament before proceeding with preparations for a General Election.

Deshapriya said the Elections Commission was not in a position to hold an election when Parliament is dissolved illegally. In such circumstances, Deshapriya said, he required the Supreme Court’s opinion on the legality of the dissolution before proceeding with the election.

Sirisena, when he signed the gazette announcing the premature dissolution of the legislature, grossly violated the provisions of the 19th Amendment to the constitution – which he architected in April 2015.

Strong arguments have been presented against the dissolution of Parliament saying the President has no constitutional power to do so, before four and a half years into a Parliamentary term, as stipulated by the 19th Amendment.

Update – Speaking to Colombo Telegraph, Elections Commissioner Mahinda Deshapriya said he never made such a comment to Lanka Enews nor was he contacted by the website, at any point, on the matter. However, his brother, journalist Sunanda Deshapriya tweeted the story reported by Lanka Enews expressing confidence that the Elections Commission Chairman would seek the opinion of the Supreme Court before proceeding with an election. Meanwhile, sources within the Elections Commission told Colombo Telegraph that the members of the Commission have arrived at a unanimous understanding that they would not hold an election in violation of the constitution.

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  • 11
    1

    Mmmm

    He has that duty because every thing should have its logic.

    • 15
      0

      Elections Commissions Chairman Mahinda Deshapriya ,

      “Deshapriya told media that he would wait for the Supreme Court’s opinion on the legality of the dissolution of Parliament before proceeding with preparations for a General Election.”

      Yes. Is it Legal or illegal? Is it constitutional or non-constitutional? Let the Supreme court, unencumbered, decide

      If it is non-constitutional, the the Parliament should convene on November 14th, and proceed with the business of approving or rejecting Mahinda Rajapaksa and impeaching or not -impeaching Sirisena.

      Was Sirisena sworn in to protect the constitution, Sirisena or Mahinda?

      Wow! the Gamarala is going berserk.

    • 4
      0

      Yes, it all depends now on the Three Member Elections Commission and the how many member (?) Supreme Court.
      .
      I’m writing this as fast as possible so as to let the public know the little that I can testify to.
      .
      We were all happy with one recent action of the President: his appointment of a Chief Justice based on his seniority as a judge. Hopefully, it is as is claimed. That he has never dabbled in politics. One can never be sure of anybody by now! However, I must start finding out.

      .
      It has been clearly stated that the Chief Justice was educated at St Thomas’s College, Kotte (a formerly Roman Catholic school now run by the Government) and at S. Thomas’ College, Gurutalawa. In what order was not specifically stated, but possibly he did his A. Levels at the latter school, which did have A. Levels for a short period. The Chief Justice is less than 7 years younger than me. He may even have been there when I briefly taught there.
      .
      Obviously, that is no guarantee that he can be relied on! Also, a decision of this nature will be heard by a full bench, but this for starters must give us hope.

      • 2
        0

        Sorry turning everything into bold was inadvertent. Trying to correct.

    • 3
      0

      Part 2
      .
      What do I know of the rest of the Supreme Court? Little, except that they were all appointed by then President, Mahinda Rakapaksa.
      .
      As for the Elections Commission, can they be removed by My3, the way he has removed the troublesome Karu Jayasuriya? Probably not.
      .
      Who are they? Mahinda Deshapriya, who had been educated at Dharmashoka, Ambalangoda, and the University of Peradeniya. Thereafter, he had taught at Dharmashoka, and I know some people taught by him.
      .
      Jeevan Hoole probably needs no introduction to readers of CT. He’s as independent (and stubborn and honest) as they ever come. The third member is much the oldest, about 8 years my senior, studied in the same three schools as I did. I have never met him, but I have met his father, the highly respected proctor from Badulla, Stanley Abeysekera, MBE. My father had taught the young Nalin, who had proceeded to be an advocate, a President’s Counsel, and then the Legal Draftsman.
      .
      In case you decide that I’m an OBA type, and nothing more, let me assure readers that while I am a member of all three associations, I am critical of the way these networks operate nowadays. Please Google “Thomian Pharisees” to access three articles written under my real name.

      • 2
        0

        Hi Sinhala Man,

        I love to read more about your articles.

        I will check them laters. Just tell me why THOMIAN PHARISEES were unrepetant then.

        • 0
          0

          Dear “Desperate Sinhalaya”,
          .
          Pharisees were the Jewish Priests. So the reference here is to the clergy of the Angican Church. Some of them had cheated in an election to select a Board of Governors member.
          .
          Not one of them has responded here, and the Bishop dodges any meeting with me.
          .
          I’d be very happy to have you studying all that carefully, but I rather fear that you will get fed up with lots of irrelavancies there.
          .
          Now that you know my real name, it will be easy for you to find out my gmail address. Please let me know your your own contact details; I can talk to a Dialog, Mobitel or Landline at no expense to myself.

  • 10
    14

    But; what he was may look legal or illigal but he avoided the blood bath.
    That is a good thing out of illegal act of dissolving.
    The country was almost in collusion course ..
    Right time he did it ..
    He may have done a wrong
    But I see good out of it

    • 7
      7

      Critique

      I am told several time in the past, when the country is in crisis the Mahasangha comes out and saves it.

      • 2
        0

        I hear the Mahasangha has been given brand new abiththiyas by MS and MR. So it is too busy.

  • 20
    3

    We got a real A.H. for a president!

  • 20
    3

    The President has powers to dissolve the parliament, but there is a proviso he can do so only after the expiration of 4 1/2 years. The present parliament has only completed 2 years and3 months. Therefore, the dissolution of parliament is illegal ad ibino.

  • 24
    2

    Elections Commissions Chairman should also get a court order to have the Cashew Nut Man’s head examined by a brain doctor.

  • 22
    3

    This bearded southerner may be the last hope for the republic !

  • 31
    2

    Great to see the election commissioner seeking Supreme Court ruling on the dissolution of parliament. Refreshing to know he cannot be bought by anyone. Our thanks go to you. We support you.

    • 10
      0

      N. Ethirveerasingam

      “Refreshing to know he cannot be bought by anyone.”

      However, the final decision may depend on supreme court judges’ job security. History might repeat once again when you have many shameless politicians in the parliament who are ready to impeach anyone, …..

  • 24
    1

    My3 and Mahinda will dissolve the election commission too.

  • 21
    1

    Deshapriya is the latest to rise against the dictatorial actions of this crazy President. Karu was the first to do so, but the Pres stalemated his actions by dissolving parliament. Wonder how Deshapriya’ will be silenced by the Pres, ???

  • 22
    2

    Thank God we have some bureaucrats with integrity in this banana republic.

  • 2
    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

  • 17
    1

    Donkey Sirisena considers himself as a God, who could do anything he wishes, and to hell with the constitution. The election commissioners and Supreme Court Judges are not fools, they would obey, respect and uphold the laws of the country, and the rights of it’s citizens.

  • 8
    0

    What if the judges were his abbots

  • 12
    2

    Mithree and Mahinda are the loosers !!!!!!!!!!!!!!!!!!! Aney pawu.

  • 20
    1

    Sirisena’s arrogance and stupidity put him in the deep and stinking shits, and he is sinking deeper and deeper into it by the minutes.

  • 9
    2

    He is the man we need

  • 10
    7

    Real Revolutionist

    Did you know this crisis was created by LTTE, Tamil Diaspora, ……….. Kaleinger Karunanithy, Jayalalitha, Vellala, NGOs, G G Pona, S J V Chelva, A Amirthalingam, ….. RA Sampanthan, C V Wigneshwaran, the West, …………………… ?

  • 13
    0

    We need an earthly savior to emerge to protect our nation. If this statement is true then I am seeing one.
    There is still a glimour of hope to restore the rights of the people.

  • 13
    0

    Lets hope the Supreme Court judges don’t fly overseas demanding political asylum from the Lunatic asylum by the Diyawanna!

    • 3
      0

      Or all recuse themselves!

  • 8
    1

    While I write this, Lankawe time is early morning 10th. I think officially Parliament is gone, if nobody contest it. Ranil had earlier officially said he will not contest in Supreme Court the decision of sacking the sitting PM. He is the idiot brought the 19A to protect a PM’s position. But his extreme racism wanted to keep Old and New Kings out of any legal actions. Any legal actions, he fears, may dig into their War Crimes, locally.

    Mahinda Deshapriya has to honor his word. There is a very good chance he too will back off like Karu did in reconvening the parliament, day before yesterday.

  • 4
    2

    Yes, election, let’s do the Maths- Tamils, Muslims, Christians and big portion of Sinhalese votes would be for the UNP coalition. SLFP and Pothata coalition would loose. UNP and it’s allies are in a tightlnit pack but in the other camp lot of infighting is going on. In the last Monday’s SIrisena camp’s meeting in the parliament grounds, the Pothata guys not given permission to speak for the most of SLFP members who were in Yahapalanian. Also most of the posters, had all MR’s family’s is picture but no pictures of Sirisena.

    • 0
      0

      Readers, be warned,
      .
      There are mischief makers around, like this “Silva” who will post rubbish of this sort to confuse us. Please look at what the “genuine” Silva has posted here:
      .
      https://www.colombotelegraph.com/index.php/hoole-responds-to-colombo-telegraph-on-elections-commissions-request/
      .

      “Silva / November 13, 2018
      3
      0

      Wow! what a great man you are, thank you, Sir. We, the common man, the voter are certainly assured by this article.”
      .
      We are laymen with no knowledge of laws and Constitutions, and we must, be mindful of this sound advice given ages ago:
      .
      “Be sober, be vigilant; because your adversary the devil, as a roaring lion, walketh about, seeking whom he may devour.”
      .
      I’m sure that both “Silvas” have a right to the name. How many of us will be wary enough to notice that the gravatars are quite different? The Silva who has made the other response has been quite rational, decent and humble.
      .
      What about this Silva? He’s predicting a UNP victory at possible polls, but doing it in such a way that it divides the voters in to five groups of morons who will vote automatically. Is he merely naive, or is he writing in such a way as to persuade the “majority community” that all voters ought to vote on communal lines.
      .
      It is very important that we all think and act at this juncture as intelligent and mature adults.
      .
      That will never be, of course. We don’t know whom to trust; if this “Silva” is really an honest man who had written too hastily, my apologies.

      • 1
        0

        Hi, I am the Silva who wrote “Wow! what a great man you are, thank you, Sir. We, the common man, the voter are certainly assured by this article.” few hour ago… thank you for calling me “Genuine” :-).

        I am not the Silva who wrote the comment about the posters of MR etc. I am sure he/she also must be a Silva like Mervyn Silva, Duminda Silva, Nalaka Silva, Freddie Silva likes :-)). Going forward I shall probably use my initials to sign off. Silva seems way too common.

        • 0
          0

          Dear “Genuine Silva”,

          Most sensible. Wish yo’d given us your “initials”.

          We can each do so much, but no more. Since I’m a retired guy, I don’t mind proclaiming my full name occasionally. I use this handle all the time I use a pseudonym so as to give my comments a slightly more universal application. I don’t think that you should call yourself “Genuine Silva”, though. That hands victory over to the interloper.
          .
          I look forward to reading your newer comments,

  • 16
    0

    If Mahinda Deshapriya handles this situation well, he will be a lot like T.N.Seshan, who won acclaim for his handling of the elections in India and was awarded the Ramon Magsaysay prize. If Deshapriya continues to show integrity and stands firm, he should be nominated for the Ramon Magsaysay award as well.

  • 9
    1

    Mr. Commissioner & the Members: An “Official Order” has been made to “TUNE UP” all the “White Vans” but this time colour changed, could be “BLACK”. Be ready. The “Commander-in-Chief” of that “Brigade” has been granted court permission to leave the country at any time he chooses. So you see, everything has been put in place.

    • 4
      0

      The wife`s of M.PP are asking for the Pension lost. MY3 has budgeted it to meet the costs of an advanced General Elections. What has been set on fire – the final Trump Card? MR has
      been trapped – the Special Courts remain for the future and may include the 24 items where
      MY3 is himself involved. R A N I L will be forced to stand-up for the sake of Democracy & Justice with UNP leading the battle, unless an assassination occurs! (Where are the
      Astrologers this time around)

    • 2
      0

      Douglas

      It now appears lack of integration/assimilation, not being ONE COUNTRY, ONE NATION or a HOMOGENEOUS society are not the reason for this latest one in among a series of crises and man made disasters.

      It is about lack of compassion, humanity, honesty, sharing, inability to recognise unity in diversity, ……………………………. Homogenisation may be good from a paranoid majoritarian point of view however it leads to moronization of the entire people, …………….. Already we have enough morons in Parliament, parties, country and sadly in these forums.

      Seeing beyond one’s nose is important rather progressive than parochially skewed visions.
      We know how we arrived at this situation from 1956 onwards.

  • 9
    0

    All law abiding citizens of Sri Lanka can be proud that we have a non-corrupt, impartial election commissioner with a strong and real backbone. I have no doubt that our erudite and learned judges of the supreme Court would interpret the 19 amendment to the constitution, thus removing the ambiguity and uphold the rule of Law.

  • 13
    0

    MAHINDA DESAPRIYA hats off to you.but before you go to SUPREME COURT PLEASE GET A RULING FROM HIGH COURTS GET 24 HOURS SECURITY FOR YOU.hope you will not be intimidated by MHINDA AND MY3 AND COMPANY LTD THUGS.

  • 0
    5

    All this is for the Election Commission to say.
    I agree with Mr. Deshapriya but he must stop acting the Commissioner. That post was abolished by the 19th amendment.
    When did the Commission meet to take this decision?
    He is weakening the EC by acting as if he is the Commission. What if the other two members decide they will conduct elections?
    The unlawfulness of Sirisena must combatted by a lawful Commission.
    Sirisena can turn the tables by simply asking when the Commission took the decision that Deshapriya is announcing!

  • 1
    6

    The People mandate is most paramount issues of Parliamentary democracy since 1931 of universal franchised had been granted by during British colonial-rule under the ruthless suppression millions of majority people by White Empire .

    The People are the master of sovereignty, whom are eligible to be that decided who are rulers of Sri Lankan.
    People enjoy and having right to excise vote for power to be elected members of Parliament by republic President has approved for general election .

    Incoming Election of Parliament is one and only way to decided crisis -solution of by that UNP-leaders betrayal of in 2015 January 8th. The UNP rule of governance bad outcomes that is not responsibility of President was fault of UNP of RW and CBK leadership.
    But this crisis is result of actions decision and arrangement by those UNP that handful leadership including Rani Wickmasinghe of UNP only leader.

    The People demand and wanted in view for New & fresh mandate to revitalization of democratic of government in looking after interest of majority of citizens of Island.
    We appreciated decision of President that dissolution of Parliament and seek New Social Contract to be Rule the people by verdicts of will of the people of Sri Lankan.

    • 1
      0

      Why don’t you ignorant B****R* write in ‘Danna Singhalen’ if you haven’t the knowledge of the English language.

  • 4
    12

    It is the best decision. The people will decide which party forms the cabinet and who will be the PM. Accept the decision to go to the people instead of trying to save the faces of power hungry crooks by dragging the election commissioner to this crisis. I expect to see a line up of ambassadors tomorrow morning trying to coerce the EC to disobey the President’s order. It is a sad day when western ambassadors attempt to control the speaker and the EC. I am no party man but a Sri Lankan.

    • 4
      0

      CT should try to help UNP win a few seats rather than being ridiculous!
      :)

    • 0
      0

      “I am no party man but a Sri Lankan” . The reader is capable of judging whether you are a boot licker or not by reading your comment. Or, most probably, whether a half-wit. .

    • 1
      0

      John
      Check whether you have any substance left in the brain, before you write this nonsense. You seems to be just a ‘plain’ sucker of MARA, and you wish to see him back in power by hook or crook, irrespective of the constitutional guidelines.

  • 1
    5

    How stupid the MS is I’m sure fellow has taken the supreme court opinion before dissolving the parliament. He has the provision to do so. This fellow trying to be smart here. Couldn’t open his mouth when all elections were postponed and took weeks to released last provisional election results

  • 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

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