1 March, 2024

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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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Latest comments

  • 129
    23

    Mahinda pls be a true civil servant. We know that you are. Pls keep it up. We are proud of you. We are proud of the way you acted in the past. Pls continue to do so. However please be safe as well. Look after your own safety. Pls we need people like you. All the best.

    • 71
      5

      MR is a bloody opportunist out to save his family members’ skins…are you so naive as not to see that?

      • 2
        0

        Reminds me of Narcos from Netflix( MR is similar to Pablo Escobar) lol.

      • 2
        0

        Lankan

        It’s about blind loyalty, greed, naturally crooked and criminal mind, …. largely stupid masses ready to buy anything and everything the politicians and other crooks sell them, including a promise to sell Mars, Free Rice From the Moon, …….. Dharmista government, Dr Mahinda’s single handed victory over LTTE, Magic of Mahanayaka, Anunayake of the Asgiriya Chapter Vendauwe Upali would like to have military rule ‘like Hitler’, bravery of war criminals, …………………

      • 1
        0

        Dayanthie meant Mahinda Deshapriya, not MR.

  • 11
    68

    I am sure the “executive President” has the power to appoint a new election commission if he is unhappy. The PM and Cabinet as well as the Tri-Forces will concur.

    • 0
      0

      Is it what you want?

    • 0
      0

      Naive are you Senior Ben to suggest more dictatorial leads . There is a constitution and a process to appoint the imdependent commissioners . The idea is for separation of powers so that a country avoids despotic rulers who become dictatorial citing various reasons that are emotional than rational .
      It is a wrong conclusions that being the President of Sri Lanka gives unlimited powers without any checks and balances .

    • 0
      0

      No. He cannot. He can appoint EC, only on the recommendation and approval of the constitutional council. Of course with Sirisena who has no respect or regard for the constitution, anything could happen.

  • 43
    4

    Election taking place on Jan 5th, 2019 is extremely unlikely. It is 1% against 99% failure. New King has Media, Goverment Press, CB, National Banks, police, all three defense and 17 important departments under him.That means no bitch from SC can wags it tail in front of the Presidential Palace. He need not to respect any kind of SC verdict.

    • 0
      0

      SriaLankanforces have a commitment to uphold the law and respect the constitution. They have the power to srrest this traitor as well. I’m begging from you all please save the voiceless innocent srilankans from this traitor. This man is not a president but an ungrateful wicked beast.

    • 1
      0

      Those who waited for Nov 5th and those who waited for Nov 7th and those who waited for Nov 14th and for all those who even showed extraordinary patience to Nov 16th, your rewarding day for your greatness is coming on January, 5th 2019. Please show some more patiently like the parrot waited for the cotton fruit.
      http://rajirules.blogspot.com/2009/06/silk-cotton-tree.html

      Some has already written secrecy about TNA’s secret Solution. “If Sumanthiran has fractions self-respect of David Cameron, today is the day for him to announce his quitting of politics. Because whatever game TNA can play, but appointing Sumanthiran even as a nominated MP is very slim. It is that kind of defeat he will be facing if there ia an election on Jan, 5th.

    • 0
      0

      Have you forgotten than Elections Commissioner has police powers and command over the military as the supreme boss when parliament is dissolved. When parliament is dissolved MS’s Extraordinary Gazette bringing police under him is invalid as EC is the chief by the constitution!

  • 0
    0

    For the Election Commissioner and the Speaker who are pillars of Democracy to call the dissolution of the Parliament is very serious. International community, of which we are a part, is not going to take this lightly. Further India, USA, EU, UN and Commonwealth are not going to ignore this violation. Never thought that Sri Lanka would become a Banana Republic so soon. It makes me wonder if the conspiracy theory that Sobitha Thero was killed by Maithree may be true.

  • 2
    0

    Knowing the present dictatorship mindset and given the history of white vans involved in citizen disapperances of this nation, I sincerely hope that Mr. Deshapriya will survive the attacks that will come his way.. Gods help this brave man to stand up to his principles. God help this nation .

  • 1
    1

    President has added another pillar to his failures.

  • 2
    0

    At last someone has the guts to refer to the SC. Bravo.

    If the SLFP and the President does not respect the SC ruling they will lose my vote and many others, I will abstain.

    I do not think they will do that.

  • 1
    2

    Sirisena use your powers and remove.Desapriya as he will not be an independent Commissioner and cannot be trusted to do an impartial job. After the elections are over pass a special act to remove his pension rights for blatant politicisation and misuse of his position.

    • 0
      0

      Bahu/Percy the pathetic

      Why have you switched to another pseudonym?
      Even change of pseudonym has not helped you with clarity of thoughts.
      Why change?

  • 1
    0

    Is this the same Mahinda Deshapriya who said the Sinhalese were happy when the Tamils and Muslims were killed during riots. He needs to watch his back. May get killed by his own race.

    • 0
      0

      Dear Steve,
      .
      I think that you ought to revisit that story and examine the sarcasm in Deshapriya’s words.
      .
      I haven’t done that revisiting myself, but I think that he was warning that most humans are ultimately racist. That certainly was how I then understood it.

      • 0
        0

        Sinhala_Man
        You may be right. However, it is in bad taste for all peace loving Sinhalese , and people holding such positions must ensure their minds are wired to their mouths.

  • 0
    1

    No right thinking persons can’t say that General election is bad or worse ,it is a right and ROAD to governance of Democracy in modern capitalism came into being since It birth from 1453.
    We are a democrtiac nation all political economic, and social factors are concern People are motive force of driving democracy of Island. An elections is our nation life-line of politics.

    We are one of oldest democracy in colonial countries by elected and reject by ballots not that by bullets of gun-point rule of politics of JVP and LTTE advocated of mode of operandi anarchist and Terrorist form struggle . We are for people democracy of New wave of politics in 21st century in Globalization of democratization of hundred of countries and nations are line up in for New Global Order .

  • 2
    0

    Let’s hope that our Supreme Court Judges will not emulate the behaviour of one our retired Chief Justice (everyone knows who) but stand by the principles of the REAL Judiciary!

    Doubting that they may not be the only reason why UNP decided to depend on the elected members of the parliament.

    Now they have no choice but only to hope that the judges will be REAL JUDGES

    Dual Citizen

  • 1
    0

    It is indeed safe for the EC to seek a court ruling. No court can just give an opinion. It must have case before it and should be competent to hear and decide on a ruling. For instance, if the EC were to contest the gazette as illegal (By what right can such a gazette be issued.) then such cases have to be heard in the Court of Appeal. If a voter were to allege that his fundamental right is affected then the case can be heard in the Supreme Court. Legal arguments aside, we now need a fresh parliamentary and as well a Presidential election thus providing the voters a clean slate and elect a Government of their choice. Although it is history now, at the cost of repetition I say that my vote for “Yahapalanaya” was made a waste and the conduct of both MY3 and RW was the cause.

  • 3
    0

    Great to see a Senior Official standing up to the highest in the land, these days. Let’s hope the Supreme Court doesn’t follow Sarath Silva when he gave judgement in favour of MR on the Tsunami Funds Theft case.

  • 1
    0

    President in a mental disorder called Bipolar disorder. The person under this mental illness often suspects immediate ones unable to discharge his normal function .the president must be treated and until then he not allowed to be taken his duties and transfer his power to the parilment.

  • 0
    1

    Sirisena has dug his own grave. Let him lie in it.

  • 2
    0

    Mahinda Deshapriya, your our only hope. Don’t hold the Election please.

  • 0
    0

    I had lot of high hopes on this President MS of course he came at the right time to save Motherlanka at a time when all the countrymen and women needed a leader to put the country on the right tract. He was independent in his thinking when he took that action at that time. We all know that you are in a dilemma at present like you were before but what really works is your independent thinking when the country is at a crisis. The whole masses request you to reconvene the Parliament and to uphold the country’s constitution which everyone believes will put the country back in tract. I am sure you will become clean with this gigantic sacrifice and that will make you the best historic President of our times. Wrong doers will pay their price for all the corruptions and atrocities they have committed and you don’t have to be a reason for their wrong leadership or whatever if any. If a layman commits a mistake he is penalized according to the country’s law and order so should be others without any discrimination. I personally has not lost the trust in you but if you fail in this mission surely I have to do it very regretfully as a person who has deceived us completely and doomed every citizen of this country. Please take it with good spirit.
    Thanks
    A loyal citizen of Sri Lanka

  • 0
    0

    At last one fearless upright law abiding public official unlike the band of recently appointed secretaries to ministries who are good at wrapping the male organ of their political masters around their lips.

  • 0
    0

    good on you deshapriya.That is the way to go.However your job is at stake and that idiot will appoint someone who will be prepared to lick his ass.

  • 0
    0

    This is the greatest moment to get to gether all educated legal professionals, experts etc.. and give public the correct verdict since they do not know anything about our constitution.
    If the decision is correct, to follow peacefully and if not act against the ruling party by giving their mandate silently to throw them out !
    General public have to act very wisely and show our politicians good lessons without going behind for packet of rice and forgetting their political colors!
    People need peaceful life , politicians are always quarreling each other and no time to see grievances of public.
    It is the duty of the leadership, to select genuine generous reputed educated people for their team,

  • 0
    0

    Mahindage Ammage uththa dhen election commidamath change karanna.. ane pake puka dheepan

  • 0
    0

    we request Mr.Sirisen not become extremist and respect to the law of the country.This may be tragedy in future.

  • 1
    0

    The date for nomination papers is set from 19th to 26th. Even for those, who treat the snap election as not a surprise, this nominations dates will be a surprise. Within 10 days a General election; for 225 MPs; more than 40 political parties; expected to last 5 years in their seats!

    Everybody believes this is preplanned for four to five months. So for SLFP and Slap Party, even this date would not be a surprise. Still how they are going to stand in election is a question not yet understood. Are they going to form an alliance or will they stand only in SLFP (or UPFA? ) If in an alliance how are they going to share the seats? SLFP got only 4% of the votes in the last election. Will New King be ready to take only 9 to 15 seats? Will Old King give more seat that SLFP can image to win? If they stand on one party SLFP, will SLFP be able to recover its image problem to compete with UNP? These some question going to be answered within 10 days.

  • 0
    0

    Deshapriya.means the man who loves his country.So please act to protect this land headed by a lunatic who should be in Angoda.

  • 0
    0

    ‘ You can resolve to live your life in integrity.
    Let your credo be this:
    Let the Lie come into the world, let it even triumph.
    But,not through me.’
    ‘One word of Truth outweighs the whole world’.
    (Alexandr Solzhenytsyn). I

  • 0
    0

    The present disorder the harmless people and the tourist industries suffer because of President don’t like to work with the Prime minister. In such case decide in parliament to meditate what you would want our government/parliamentarian/ people to do, internationally the reflection of the Country remain trapped against development goals

  • 1
    0

    Whether you hold the election on January 5th or not, the result is a victory for the crooks or crooks+criminals. Presently Sri Lankan voters have only a Hobson’s choice, either way they will loose.

  • 1
    0

    What a bunch of jokers and losers?
    Now who is the caretaker PM and Cabinet?
    There will be no election but presidential rule, come January, its all about power and control, and mostly likely military coup with GR.
    India and the IC have been again check-mated by MS, have no clue how to deal with this rogue state, but only to encourage and urge for “democratic values and principles”.
    The Tamils should abstain from “political cricket” of the majority and need to and must chart their future destiny in this crucial situation for a two nation solution in the island.

  • 0
    0

    If MR is a true Champion of democary or he wants propel himself as a statstment rather than a politician, should immideatly resign from his position of being the proxy PM on this excercise of violating constituion.
    Peopel will remember him for that and he can become the PM through front door and not through back door like in present.

    This is his oppertunity to rise above party politics and act as an statsman.

  • 1
    0

    Come on people. Be realistic. In this situation, the Supreme court would be like a paddler in a pirate ship. He will paddle this way or that way but it would be futile exercise.
    .
    The helm is in the hands of Mara and Sira. The ship will sail anywhere they want it to go.

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