27 October, 2020

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Presidential Poll Plan Runs Into A Storm

By Elmore Perera –

Elmore Perera

Elmore Perera

Under the above caption, ‘Ceylon Today’ of 16.11.2013 reported that “The Government’s plan to hold a Presidential Election in 2014 has run into a storm of a constitutional crisis as there is no provision in the 18th Amendment to the Constitution that allows an incumbent President to contest a Presidential Election before the end of his current presidential term”.

When contacted by Ceylon Today, former Chief Justice Sarath N. Silva is reported to have, inter alia, said:

“the 18th Amendment does not specifically mention about holding a presidential election after four years were completed in a second term”.

“according to the 1978 Constitution, the President can hold an election after four years of his first tenure,”

“the 18th Amendment does not state the President can contest for the third time before completing his second term,”

“one might argue that if the President can contest for the Presidency after four years of his second tenure, it has to be the same with the third tenure too”,

“However, if the Constitution has not specifically stated that, the law does not accept it”, and

“the government appears to be stuck there, but they can go to the Supreme Court and seek an interpretation.”

However, the stark reality is that paragraph (3A)(a)(i) of Article 31of the Constitution has been amended in September 2010 by the 18th Amendment to read as follows:

“Notwithstanding anything to the contrary in the preceding provisions of this Chapter, the President may, at any time after the expiration of four years from the commencement of his current term of office, by proclamation, declare his intention of appealing to the people for a mandate to hold office, by election, for a further term:

Provided that, where the President is elected in terms of this Article for a further term of office, the provisions of this Article shall mutatis mutandis apply in respect of any subsequent term of office to which he may be so elected.”

President Rajapaksa, who is himself a Senior Attorney-at-Law, has already been advised by the Supreme Court that his second term is deemed to have commenced only at the time he took his oaths in November 2010. The plain and unambiguous meaning of Article 31 of the Constitution  as amended by the 18th Amendment is that, the President may hold a Presidential Election at anytime after completing four years of his second term in November 2014 and before he completes his second term in November 2016, and the same will apply to his third tenure too.”

This is the only valid interpretation of Article 31(3A)(a)(i) that could have been tendered to him by the author of the 18th Amendment  Prof G.L.Pieris and/or his Senior Legal Advisor, former Chief Justice Asoka Silva. Presumably dissatisfied with this interpretation, the President apparently is, probably on the basis of the aforementioned opinion of his one time mentor and ally former Chief Justice Sarath N. Silva, seeking a more favourable interpretation from his former Senior Legal Advisor to the Cabinet and present Chief Justice Mohan Pieris.

Clear signs of total depravity? – Oh tempora, Oh mores!

*Elmore Perera, Attorney-at-Law -Founder CIMOGG, Past President Organisation of Professional Associations

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Latest comments

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    I thought you fellows wanted to get rid of MR asap. Your behaviour puzzles us. Sooner the Presidential elections come, you guys should be happier. After all, you all can get together, chose a common candidate and get the NGOs, agents of the neocons to do the spending. Together you can convince the mass to vote MR out of office. Afterall there are so many ‘educated’ to chose from. Ex-CJ Shirani, Ex-Gen Fonseka, Ven. Sobitha, are only some to name a few.

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      Balu Danda, We are not in a hurry.
      We would like Dhahajarapaska to complete his full quota.
      Afterall whats the hurry that he has? Scared isnt he? Probably paranoid!
      Anyway end of this malabari regime is around the corner.
      Cant wait for the days specially to see the fate of lickers like you.
      How jovial for the people to see Gandasara running without his Siwura.
      Looks like you still cant sleep peacefully after the cameron saga.

      March okay!!!! Enjoy until then :)

      • 0
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        A true democrat as he is, MR wants people to approve his rule. And what’s wrong with that stupid.

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          What do you understand about democracy?

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          A true democrat who apparently put a blind eye when three innocent young men were killed cold bloodedly for asking clean water?
          A true democrat who allegedly allowed white vans to abduct anti regime journalist?
          A true democrat who purportedly bribed the terrorist to stop people from voting?

          If thats what your ‘A True Democrat’ is, then there is nothing to argue about.
          Tsunami Swindler has been warned about his declining popularity. He knows he cannot continue his ‘WAR Victory’ anecdote any longer.
          So he had almost decided to go for his third term with his prevailing glory where he stands a chance.
          Its not this rouge family destroying the country, its, sorry to say but people like you allow and endose these rogues to be in power destroying this beautiful land.
          Rurthless LTTE couldnt destroy this country but without explosives the Sinhala idiots ruining it in the name of Buddhism and Patriotism.

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            This is called True Sakk…kili Democrazy Medamulana Rajapakse style.
            Buying opposition Parliament MPs with Tsunami Jackpot money. Exporting our women to ME to bring in foreign exchange for monkey to import Lamborghinis while ordinary people are killed while asking for clean water to drink. Building Mega castles for family members, buying local and foreign ministers and heads spending Tax payer money money.

            Got rid of One Sun God, and the other to follow.

            • 0
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              Sunil Perera

              “This is called True Sakk…kili Democrazy”

              What exactly did you mean by Sakk…kili?

        • 0
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          Banda, Come on, he is obviously not sure and wants to reassure himself and his international backer (China) that he commands popular support. In any event, constitutions have never been a hindrance to Mahinda Rajapaksa, so no problem for for him, or you.

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        Hello UNGARU,
        Still dreaming,eh!I do understand your agony.Whats around the corner?You are not in a hurry,eh!Then you say that you can’t wait!You are not in a hurry and you can’t wait!Bloody hell!There’s only one thing you can do.The queue at the toilet is a bit too long.You are not in a hurry but still you can’t wait!Only option is to shit in your Vetti and pretend as if nothing happened.No wonder these defeated Tamil terrorists smell worse than the Kakkussi bucket!Phew!what an awful smell!

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          May God bless this poor soul!

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      Balu dannda;some people may still respect on MR. But not to his governance.
      That is becoming clear now. You as former Leepotter man, thuggish businessman could hold an opinion poll across the country to ascertain the common voice remained to this day. That should no means be biased one. There are all kind of communication ways to go for this, Balu dando.

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        Not “some people may still respect on MR” you gobbledegook; over 58% of all the people who voted at the last held PC elections had voted for the governing party of MR.

        This government may not be perfect or indeed have a lot of shortcoming. But there is no alternative whatsoever in sight, stupid. The only viable alternative, the UNP has changed for worse. It doesn’t know where it stand. It is in shambles to say the least. Its present day hierarchy would bring nothing but disaster to this country.

        Majority in this country do not want to let slip our hard achieved peace and stability by letting a bunch of traitors and failures jumping into the driving seat.

  • 0
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    dont be mislead by Sarath silva again

  • 0
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    Biggest Rajafucksa critics are the biggest Rajafucksa bootylickers. People get confused.

    Get Fonseka ready to contest the next presidential election. :)

    No one else will stand a chance.

    • 0
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      With computer jilmart Hitlerpaksha will still stand a chance??

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    The Peiris Court will approve this.

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    Sarath N. Silva has once perverted the whole notion of democratic elections and system of governance by concluding that elected representatives can change sides after they have been elected on one platform.

    Everybody went “Thank God” when the fool finally retired. But, is he still capable of even more lasting damage to this tiny country from his retirement recliner?

    Let’s hope not.

  • 0
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    President maybe loosing favour with China, China may have already chosen a new puppet?

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      Maldives didnt attend this CHOGM meet.
      Can anyone briefly tell me the reason behind?
      Lately I couldnt read news or watch the tele.

      Any fallout with the regime?

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        Why?They don’t provide you with newspapers or allow you to watch TV at Angoda?

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          HOW do you know he is in ANGODA ? !

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        Maldives has been suspended (temporarily)

  • 0
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    Not to worry, we know how to fix the courts ( The President ), and the constitution. We will change the constitution. The unpatriots who oppose will be shot.

  • 0
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    This is a very interesting development

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    All the problems we are facing at present is due due to Sarath N Silva, one time friend of MR and his then bride. When MR was to be kicked out of politics by Chandrika for misappropriation of Tsunami Funds donated to the government Sarath N. Silva’s perverted judgment let MR free and MR refunded the misappropriated money to the government, that too minus the interest already earned on the funds. MR’s refunding the “Helping Hambanatota” Tsumani funds amounts to temporary misappropriation of government funds and he should have been convicted on that offence. The ruin of the Sri Lanka judiciary commenced with Sarath N. Silva’s assumption of duties as Chief Justice of this country and that trend still prevails within the Sri Lanka Judiciary.

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      don’t forget to add “trading of MPs in the parliament” as well.

  • 0
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    No Party can win election unless ready to confront their thugs & goons, also state media should be silenced.

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