20 April, 2024

Blog

The General Election Conundrum

By Nihal Jayawickrama

Dr. Nihal Jayawickrama

A great deal of confusion appears to have been created following the proclamation issued by the President on 2 March 2020 dissolving Parliament, amid the global coronavirus outbreak, and fixing the date of the general election for 25 April and the first meeting of the new Parliament for 14 May. The confusion appears to have been compounded by the request made to the President by the Election Commission that, in view of its inability to hold the general election on the date specified by the President, the latter should seek the advice of the Supreme Court on how to proceed in the matter. The confusion has been further compounded by the reply of the Secretary to the President that it is the responsibility of the Election Commission to fix a new date for the general election and that, therefore, the question of a reference to the Supreme Court does not arise.  It is unfortunate that neither the Election Commission nor the Secretary to the President appear to have paid any attention to the relevant laws governing this matter.

Under Article 62 of the Constitution, unless sooner dissolved, the Parliament continues for five years from the date appointed for its first meeting (which, I believe, was 2 September 2015), and the expiry of that period operates as a dissolution of Parliament. However, under Article 70 of the Constitution, the President may dissolve Parliament at any time after the expiration of four years and six months from the date of that first meeting. Accordingly, acting under that Article, the President by Proclamation dissolved Parliament on 2 March 2020.  As required by Article 70(5)(a), the Proclamation fixed 25 April as the date for the General Election of Members of Parliament, and May 14 as the date of the first meeting of the new Parliament, since the Constitution requires the date of the first meeting to be not later than three months after the date of the Proclamation dissolving Parliament, i.e. 2 June 2020. This signifies a fundamental principle of democratic governance that the country should not remain without an elected Parliament for a period in excess of three months.

If, in view of the indefinite 24-hour curfew that was imposed in many provinces on 20 March, and still continues to this day (11 April), the Election Commission was of the view that it was unable to conduct the general election on 25 April, the proper course for the Commission would have been to inform the President accordingly.  It made no sense whatsoever to request the President to invoke the consultative jurisdiction of the Supreme Court and to seek the opinion of five Judges of that Court on how the conundrum should be resolved. The President who made the Proclamation is the only authority vested by law to resolve this issue.  He has two options. One is to review his decision to order the premature dissolution of Parliament and revoke his Proclamation in view of the global pandemic which has struck Sri Lanka as well.  The other is to amend his Proclamation by fixing a date in the final week of May for the General Election bearing of mind that the first meeting of the new Parliament cannot be later than 2 June.

The reply of the Secretary to the President, as reported in the media, demonstrates an incredible lack of understanding on the part of his legal advisers not only of the relevant constitutional provisions, but also of the law relating to parliamentary elections. He is reported to have informed the Election Commission that “fixing the poll is the responsibility of the Election Commission”. He is also reported to have informed the Election Commission that it had “failed to act under section 24(3) of the Parliamentary Elections Act and published another date for the general election”.

Section 24(3) of the Parliamentary Elections Act states that “where due to any emergency or unforeseen circumstances the poll for the election in any electoral district cannot be taken on the day specified”, the Election Commission “may by Order published in the Gazette appoint another day for the taking of such poll”. It refers to unforeseen circumstances in “any electoral district”. Such circumstances could include a flood, a cyclone, or even the prevalence of a serious infectious disease in that district. The authority granted to him is to change the polling date in the affected electoral district.  Section 24(3) cannot surely be interpreted to mean that the Election Commission has the power to change the date of the General Election as proclaimed by the President. The power to determine when to dissolve Parliament, the power to determine the date of the General Election, and the power to decide the date of the first meeting of the new Parliament are powers that are vested in the President by the Constitution and cannot be delegated to, or arrogated by, another individual or body.

It is important that those in positions of authority today, whether driven by political expediency or lack of proper understanding, do not create precedents that are unconstitutional and contrary to law. When the Secretary to the President directed the Election Commission to act in excess of its powers and usurp the President’s constitutional duty and determine a new date for the General Election, it is pertinent to ask whether he was aware that under Article 104A of the Constitution, no Court has the power or jurisdiction to “entertain or hear or decide or call in question on any ground and in any manner whatsoever any decision, direction or act of the Commission made or done or purported to have been done” under any law relating to the holding of an election. It is an invitation to a future Election Commission to override a future President’s proclamation fixing the date of a future General Election and substitute a new date perhaps more favourable to an opposition political party.

It has been suggested in some quarters, obviously in error, that the President could act under section 113 of the Parliamentary Election Act. That section states that “If at any time after the President has ordered or fixed the date for an election, it is shown to his satisfaction that in any electoral district owing to any cause whatsoever no election has been held in pursuance of such Order, he may at any time by notice in the Gazette issue another Order that an election shall be held in that district.” This section relates to certain transitional provisions in the Constitution concerning the “First Parliament”. When a vacancy occurred in that Parliament (which was elected in 1977 under different electoral arrangements), and the secretary of the relevant political party failed to nominate a member to fill that vacancy within the prescribed period as required in the transitional provisions, the President was required to “Order” the Commissioner of Elections to hold an election for the relevant electoral district. An “Order” is different from a “Proclamation” and has no applicability to the current situation.

Commonsense appears to dictate that it would be extremely irresponsible, during the current global pandemic, when several provinces are still under an indefinite 24-hour curfew, to contemplate holding a General Election within the next few weeks, in 22 districts, to elect 225 members, preceded necessarily by intense canvassing. The remedy lies not with the Election Commission but with the President who alone has the power to revoke any Proclamation he has already issued, and to exercise his power of dissolution, preceded if necessary by the exercise of his power of prorogation, at a more appropriate time when the waves of Covid-19 have finally receded.

Print Friendly, PDF & Email

Latest comments

  • 24
    1

    Here is one constitutional expert I like to get the correct facts from!

    • 21
      1

      Certainly not fromAtana Methana – Kothanath neth Wijedasa

      • 2
        0

        Inguru Da Silva,
        .
        Wijedasa Rajapakshes should be a LAWYER.
        He is an insult to LAWYERs community. Mr Fonseka made it very clear, that WIJEDASA Rajapkshes was hypocrite number one from the begining of the GOOD governance govt. This bugger, should be put in jail to have misled former govt, as the minister of JUSTICE. the kin dof men shold not wear european national dress. I think the kind of men should be PUNISHED by COVID 19…. then only we can see a better future in this country.
        Athana METHANA NATANA Rathana has lot do with his homone mirror… than anything else, if any KAPUWAS could find him a man or a woman, so that the bugger be derobed and leave the MONK hood could help the masses in this country. Bps are born to inculcate all kind of abusive politics. Throwing stones in public forums will be the next step to the kind of ballige puthas, .. inevidable.. for sure.

  • 6
    2

    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

    • 3
      0

      S. C. Pasqual

      Brilliant
      Thanks for keeping it brief.
      Keep up your good work.

      Don’t you think day by day you are transforming yourself into a moron?
      Yet I like you.
      Keep up your good work

      • 1
        0

        Native,
        Your comment above proves that you are a psychopath.
        You are no better than your Late Leader – VP who was a master at shutting people up for ever.

        • 2
          0

          Citizen Silva

          “You are no better than your Late Leader – VP who was a master at shutting people up for ever.”

          Have you done a comparative study of psychopaths.
          If you have, please publish it on Colombo Telegraph.

  • 12
    23

    How many of you will agree with me that the worst three leaders who destroyed the world to where we stand today are.
    1) Donald Trump

    2) Modi

    3) Xi.Jingpin

    • 16
      3

      Man of Lamancha,

      What keeps Donald Trump & Modi on their toes is, vying for a place in the Guinness for ‘Modern supremacist leader who destroyed his own country’. If you refer to Covid-19, these two guys are not the reason.

      Xi is a very ambitious guy, doesn’t destroy his own country. Seems, his ambition went too far as to concealing a new virus outbreak that became a pandemic ultimately.

      • 1
        1

        Omg Adul.Kader are you delusional.?

        All Chinese leaders destroyed their country’s natural.resource and Enviorment never ever to.return to.normal And Xi has done the maximum.
        Wait if you are a young person you will.witness the neo.agog and magog , who not through wickedness, but due to.their leaders destruction will force themselves to countries that have enough.land , green and most importantly water.

        Do not know what what may happen to.the inhabitants.
        It’s a matter of survival.for them and we won’t be able to face the force .
        People were seen trying to land on our shores few days ago .
        All that and the Covid 19 is only an atom of what you are going to witness in the future
        India and China may fight to grab all.tye fertile lands around them.
        While US will take over all around it .
        Russia will.take over the land in Euro Asia.
        All Their proxies will.work for them from.those fertile lands to fulfil their agendas

        • 0
          0

          MoL
          “All Chinese leaders destroyed their country’s natural.resource and Enviorment”
          China has done much of environmental conservation work despite harm done in the process of development.
          But what is the US doing? Destroying everyone else’s environment and much of its own by ignoring warnings on global warming!

      • 0
        0

        “Xi….Seems, his ambition went too far as to concealing a new virus outbreak”
        *
        Are you not repeating someone’s narrative without much analysis?
        There was an omission in Hubei, but Xi put it right when he was correctly informed.
        Compare that with the leaders of Europe and US.

    • 13
      2

      Oh Man! You want your wisdom heard right under ‘this’ topic. Why not worry Sri Lanka. Tell us who brought our country to where we are today.

      • 5
        0

        I thought that was too easy a question not worth asking.

        Anyway the answer has to be ‘SINHALA BUDDHISTS’

        :)

      • 1
        1

        This is not a conundrum at all. Ask the 225 to piss off.

      • 1
        0

        All The proxies of the masters of the future One World order

    • 1
      1

      I know if I will be true to this glorious quest , my heart will lay peaceful.and calm,
      When I am laid to my rest.
      And The world will be will be a better place for this one man who was scorned and covered with Scars.
      Still strove with his last ounce of courage
      To beat the unbeatable for ( alone)
      =======================
      So we have 8 likes who agree the three leaders are Tyrants and responsible for the total.destruction of the world and ofcause for todays Corvid 19.
      While we have 7 who believe otherwise, considering them ” saints”
      Time will teach us what is really behind this Corvid 19 , no it is not a biological weapon, no it did not leak from the lab,but it was a windfall for those who run the world and who intends keeping us as beggars and to make sure hate is maintained towards the willing to be sacrificed as Scapegoats .
      So what if couple of thousands die for these guys ?
      Anyways their arms are killing millions all over the world
      But there is a bug awaiting to be released which will permenantlly lock the poor down , anyone who is not a part of the elite or servants of the elite even if they have substantial money they will.become poor , because your paper money will be taken over with a chip.
      Then we will be living in our own prisons our home .
      And only outsiders who will be allowed to interract with us will be , Drones (.including ambulances ) food supply and other essentials.
      Robots with super artifial intelligence will work alongside the Armed forces , driverless cars and.trucks .
      May be we will be allowed to parks once in a while luke pet dogs ,,. under strict supervision.
      Next bug may kill instantly making us obediently and willingly quarantining ourselves .

  • 21
    1

    We the people dare anyone to hold an election in the current situation .

    Unless the people are insane , no sane folk will vote.

    Even if they do , 100% guaranteed there will be a hung Parliment.

    Sri lankans are today extremely educated most off them are well informed
    They know how much the Country is in debt , how it us impossible to.implement any promises by any Politician due to the Corvid 19 disaster and with the Sri Lankan bankrupt economy and bad reputation of Racial violence
    Other than US , India and China ( all three in a mess themselves) no other nation will invest
    Only people who will keep coming are maldivians , not a good guest .
    Many into drugs and money laundering

    There has another danger no one has thought of, most of the likes racists like Retard Shamal and blind eagle eyes with a vultures heart would love to see the entire Middle East get Corvid 19 like Itally, if that ever happens , then our only real foreign exchange will end with the “atom home ” of our poor maids

    • 7
      0

      Even if only 10% of the electorate votes the one that gets the majority wins the seat. This is good enough for Sri Lankan politicians. Why do you think Gota is pardoning criminals undermining the legal system and releasing them.

  • 28
    1

    “The reply of the Secretary to the President, as reported in the media, demonstrates an incredible lack of understanding on the part of his legal advisers not only of the relevant constitutional provisions, but also of the law relating to parliamentary elections.”
    This is not a new phenomenon as it was evidenced too on 26th October 2018. The undeclared legal counsel who advised Yapa Sirisena to prorogue, then dissolve parliament was unconstitutional. Or was it political advisors and not legal advisors was the root cause of this response by the Secretary to the President?

  • 23
    0

    As always, well done Sir! Great , brilliant and thank you. Your explanations clears matters even to a layman with regards to this conundrum. Hence, now the ball is none but in the courts of HE the president. Let’s hope for the best for the country and people.

  • 27
    2

    This is not the first time these men stood against the constitution. So, they will definitely repeat the mistake again. They are shameless uncultured, uncivilized bastards.
    For our bad luck, punnakku drinking majority, easy targets voted for them.
    So what to do. Zimbawian style MUGAE rule is in making, – it is inevitable.
    :’
    Until day before yesterday, BUGGER DUO thought that GMOA are the specialists, that could lead the CORONA crisis. Until then [edied out] DUO waited to summon srilanken university dons and seek their support. SUre, if they were contacted before, we could achieve lot more in the line of COVID-containment.
    :
    That bitch of the nation-Apawithara is abusing her power today… as if entire nation is filled with punnaku drinkers. SHe and her TV channels make falshe predictions about the numbers of the infected in the days to come.
    :
    She may be joking…
    .
    Actually this country and the media men dont say a single word about VIETNAM, NEPAL and South Korea and how they managed to hold their number of patients under control. They boast about their zero achievements, as if the ants would see their urine as a huge reservoir.

  • 27
    1

    The usual lucid presentation by Dr.Nihal.J.
    Holding a General Election side by side with the Covid 19?
    This is the question uppermost with President GaRa, who is now in the same boat as Prince Hamlet…
    To be or not to be…….
    .

  • 27
    1

    It is very clear that GoRa & his legal team (Wijedasa R?) are trying to pass the ball to MaCo. The reason is obvious: GoRa wants an election on an earliest date possible but he is afraid of fixing another date for the election without a guarantee from the director of Health. Yet, the prevailing conditions in the country make it impossible for the health director to issue a certificate of “no corona”. Therefore, GoRa is trying to make MaCo responsible in case election campaign causes second wave of corona. Is this the way the man who “came to save the nation” suppose to behave when the nation is in a crisis?

  • 18
    6

    A most lucid explanation which does not however answer the obvious question of what the situation and consequences would be if the President maintains his present stance and course, and does nothing of the sort that Prof Jayawickrema correctly argues he should.

    • 10
      0

      Dr. Dayan,
      True there is no answer to the burning question. However, does it not appear that to the arsonist king, the incendiary minister has given a lighted torch?

      • 16
        2

        Gota and his cohorts want to hold an election ASAP for several reasons. First is that there will be a low voter turn out due to fear of contracting Corona virus, which will be used to manipulate the election to get a two thirds or even four fifth majority. Second is that there is an impending economic doom for the country. Sri Lanka depends mainly on two sources of income – Remittance of workers in middle east and exports to as well as tourists from USA and western Europe. There is news that several workers have been retrenched in some middle east countries awaiting to brought down and several more to be sent home. With this hammering economy of USA and western Europe will be in shambles which will take several years to recover. During this period imports of Sri Lanka goods to those countries will be curtailed as well as people in those countries will have no money to tour Sri Lanka. Third is that though government propaganda machinery is posting rosy picture with accolades to the government, there is growing resentment among the people. Therefore in order to overcome this, they want to hold elections at any cost. Unfortunately Election commission is not prepared to play ball with them.

        • 1
          0

          Only diehard racist fools will vote if an election is held now. Gota’s party of poppy flower will win.

      • 3
        1

        Not the letter of the law but the spirit of the constitution infers that the governance of the democracy should not go beyond three months without an elected parliament. If due to circumstances an free and fair election cannot be held the president is obligated to find a remedy from within the constitution.

        “The President who made the Proclamation is the only authority vested by law to resolve this issue. He has two options. One is to review his decision to order the premature dissolution of Parliament and revoke his Proclamation in view of the global pandemic which has struck Sri Lanka as well. The other is to amend his Proclamation by fixing a date in the final week of May for the General Election bearing of mind that the first meeting of the new Parliament cannot be later than 2 June.”

        Based on the above if the President does nothing, isn’t he in violation of the constitution an impeachable offence????

        • 2
          0

          Dear Burt,
          .
          You have said,
          .
          “Not the letter of the law but the spirit of the constitution infers that the governance of the democracy should not go beyond three months without an elected parliament.”
          .
          Exactly. This has been the root cause of many of Sri Lanka’s problems since Independence in 1948. I was born in the same year AFTER we as a nation assumed almost full responsibility for what we did. I’m already an old man. There are a few fast-dwindling older people still around.
          .
          I was brought up according to certain religious traditions. They are of little use now that the entire human race will have to adjust to different patterns of life on this planet. We’ve been going on the assumption that the planet belongs to us humans. At present no foreign power is trying to claim that this island belongs to them, although some Sinhalese like to tell ourselves that this island is “ours”. And, no doubt, the Rajapaksas had begun to imagine that they could arbitrarily rule over it for ever.
          .
          This virus has now begun to teach us the importance of humility. What do we know of the fellow?
          .
          https://www.theguardian.com/world/2020/apr/12/five-months-on-what-scientists-now-know-about-the-coronavirus#_=_
          .
          Why not look at it from the viewpoint of the virus?
          .
          Even now start thinking in terms of “Morality”. Stop manipulating “power”. we obviously have to defeat the virus, but all activity on this Earth has to change. Let’s start with Sri Lanka.
          .

      • 1
        0

        Immediacy, I think you are arguing against the “Puss Pundits” who have ruined this country who say the President is above the Law of the Land and the Courts.

    • 3
      1

      Dayan J,

      Why the answer to your conundrum is obvious! The President would then be at cross purposes with the constitution due to his own negligence, and we would be further along the road to military rule that we have already launched out on.

    • 0
      0

      Dayan,
      I think that GoRa & most of us are facing a kind of unfamiliar crisis. This is easy to understand from evolutionary point of view but for politicians, particularly for GoRa/MaRa like short-sighted opportunists, this poses a huge challenge in managing the public opinion the way they want. Therefore, the best measure of the Gvt’s thinking is the behavior of their friendly media b’cos they are still working on the assumption that their media friends have the control over the public opinion. My guess is that MaRa is doing his best to avoid a risky legal battle & to hold the election ASAP. But, if Wuhan virus (corona) persits – the nature of viruses is such that it will not go away on its own soon without a vaccine – he will be forced to reconvene the parliament. I don’t think that the financial situation is offering MaRa other choices but to throw in the towel.

  • 18
    3

    Why elections? There is no need for democracy. Mahinda dynasty will rule the country with the help of military and few fanatic monks Let Tamils. Muslims and UNP supporters go-to-hell. It is appe aanduwa

    • 4
      2

      Pon Kulendran: I am positive your children did not fight to save Wanni eelam and you just cheered to LTTE instead of sending your children to fight the Sinhala army.
      Democracy could not save almost 100,000 thousand. What do you say about that, Militarization only allowed only 6% to die. That is also HEAVY MEAT EATERS, probably, they may be ISIS too.
      Why did Pastor Thayarajah spread covid-19 in the north and came from switzerland to do it.

      • 3
        0

        Did your children join the Srilankan army and fight the lTTE?

      • 3
        0

        JD

        “Why did Pastor Thayarajah spread covid-19 in the north and came from switzerland to do it.”

        Do you think, Pastor’s trip to the North Weerawansa’s a “cunning idea”?
        Does the Pastor work for Gota and his Goons as a “carrier”?
        Do you smell rat?

        • 0
          0

          NATIVE VEDDA: That is typical conspiracy theory. anything that went wrong is by you. Everything good is by us.
          Just thunk about why do we need an election and spend Rs 7000 million or Seven billion to reelect the same crooks that are right now the parliament. both yahapalanists, NGOs, international community and sinhala buddhist supremacists reelect the same group now for 70 years. Just let them continue it, as they are doing a good job right now. After five years decide it. Save some money as the IMF has decided that even though developing countries have no much considerable role in the world’s economy, even though developed countries are the ones that go through a severe depression or most probably they all are in severe recession right now and have implemented quantitative easing even without any increase in manufacturing activity and even though the developed countries in the west are the bankrupt, developing countries must pay more when they buy goods from overseas. So, their currency has gone down..
          Those who write about constitution and the rule books are not Sri lankans they live in Britain, Hong kong or in other overseas countries and talk against Sri lanka. They do not have any allegiance to Sri Lanka except asking the piece of meat from the body

    • 7
      2

      Appe aanduwa is screwed. Wait until the worry on COVID 19 fades away and then people start looking at the economy.

      It could turn to be a worst disaster than the virus.

      • 2
        0

        Only a person like Gota can manage Sri Lanka.
        He will do a good job as usual.

        The economic down turn it not an issue that Sri Lanka has to face alone. After Covid – 19 fades away there would be many opportunities for Sri lanka.

        This Pandemic will be a reset in our Economy where self sufficiency and production will pickup rapidly.

  • 13
    1

    Another shame on Sri Lanka’s continued racism at a time people are dying everywhere , even the racists are not sure if they will take another breathe.
    UAE is totally dissapointed with the fake news circulating again about cremation and this time in UAE.
    Wrong target my friend , The CIA .The Mossad the entire world secret agents will be at the throats of these racists .
    Mark my words .
    UAE enjoys special protection and gaurduanship .
    I won’t say anything more they will find away to the racists .

    How can anyone govern a country when no one is willing to use a iron fist to crush racism.and bigotry ?
    LKY crushed it anyways , he did not care if it was Chinese or Malays.

    Until you can really prove that you can end racism , religious bigotry , and treat all Sri Lankan equal , nothing will ever materialize.

    The Leader must now come up with a uncompromising law to punish ; fine and jail racists and bigots for not less than 25 years .
    Will any leader dare do that ?
    No we may have had one , but may have had one,never again.Sir .John .
    Yes , today only the votes that Will give 2/3rd matters .
    Disappointing and international shame .
    But I doubt Most people care about international repute anymore , in fact they do not even understand what value it carries to ones nation.

    • 7
      2

      “How can anyone govern a country when no one is willing to use a iron fist to crush racism.and bigotry ?’

      How do you do this when it is the racists and the bigots that are in power?

      Can you give a credible explanation why a convicted mass murderer Ratnayake who lost an appeal was pardoned by the highest office of the country?

      • 4
        1

        Burt

        “How do you do this when it is the racists and the bigots that are in power?”

        An addendum,

        How do you do this when it is the war criminals, crooks, racists and the bigots that are in power?

  • 25
    6

    We have a mule-headed president who will not take good advice from anybody. He is going to screw us all – Tamils, Muslims and the Sinhalese too.

    • 10
      0

      Lack of experience, lack of wisdom, lack of education, lack of knowledge in srilanken politics, lack of good advisers, lack of almost everything, this man in SRILANKEN leadership will ruin this country.
      :
      We noticed it in the 52 day fake govt, how his brother MR reacted. He was seen as if a dog started wagigng the tail towards SIRISENA. These men born to Rajaakshes are uncultured, uncivilized bastards.
      :
      They have no fears and nor have they shame.
      :
      Blatant lies and lies ..would misleadthe nation.

      May god be blessed to this nation.

      • 5
        12

        There is a disease spreading among De-mala Koti called ‘Rajapakshe Cholera’. All that comes out from guys suffering from this disease is anti-Rajapakshe shit.
        At the moment, there is no drug to cure this disease. It is fatal.

        • 4
          1

          Eagle Brain Dead Blind Eye

          In what capacity are you typing here?
          It appears you seem to have mastered constitution and Constitutional Law.

          Have you ever attempted to author any book on “Constitution and Constitutional Law”?
          Thanks for your guidance.

          You should publish books on such important topics as “Sri Lankan Constitution for Dummies” by a Dummy or “The Complete Idiot’s Guide to the Sri Lankan Constitution”, by an Idiot.

          Give it a try, what is there to lose?

        • 2
          0

          Eagle Eye,
          .
          It is high time you to widen your eyes – so that yours could capture lot more information than you are restricted with. It is high time also to see it in larger picture.
          :
          Any 10 year old of the day would get it right, unfortunately, you may be for some pathological reasons or any other reasons – not yet. – all those stand against the bunch of thugs – born to Beliaththa… are not necessarily SOLELY TAMILs or MUSLIMS or according to you those invaders to your country (actually it should also mine, and all those born to that).
          :
          I was born to a sinhala family, in Galle and I lived there until I left for Europe in mid 90ties. Also while living in the country, I had no whatsoever, your kind of moral segregations, to hurt anyone, nor any living beings. At Peradeniya, I was flanked with tamils, bangaladeshis, and sinhalayos as batchas.
          :
          But to me, looking back, most caused me harm (physically/mentally) sofar are sinhalayas – to be honest. Also during my long stay in Europe, whenever I am compelled to get on with few sinhalayas, they just leave your kind of LOADs of hatreds, that could hurt me on and on. I dont care about them, but my struggle is a peaceful future for our youth.
          :
          So kindly, I beg you to go and see you in a mirror. I have no doubt, you have no eyes to see your PICTURE right – so what more comments could help us if they are coming from you Mr ?
          With all respect you ve been an octagenarian, but please wake up, tomorrow will be too late. Let your grand grand children be free of your stanza, which are as sharpened as a swode that could kill some one on the spot. Your belated contributions to right directions could save the FUTURE of this nation:
          Thank you and greetings from Berlin on this EASTER sunday.

          • 0
            0

            Wow ?

      • 0
        0

        Have you seen GOD? Have you seen Haven? Did anyone saw the Haven? All Bullshit. Did anyone go to Haven? or anyone saw Hell. This is imagination only

      • 1
        0

        PART ONE
        .
        While agreeing with most of what you say, Leelawathie Jayasinghe (real name, given at birth?), I’d say that most folk know that our leaders are rogues, but they’ve got cynical, and expect that all those aspiring to lead are going to get corrupted once in office.
        .
        Partly a lack of political understanding.
        .
        We had 35 persons vying for the Presidency, and the possibility of voting for two others before settling for the realistic third option, which had definitely got narrowed to two by polling day. So, when the results came, I blamed the voters.
        .
        Then came this article:
        .
        https://www.colombotelegraph.com/index.php/was-the-presidential-election-free-and-fair-when-colombo-returning-officer-called-sajith-premadasa-the-son-of-a-donkey-asks-prof-hoole/
        .
        Now I blame MaKo and the 34 defeated candidates. Why did they come forward if they had already decided to forget the handful who voted for them? Why didn’t ONE of them say something?

      • 0
        0

        PART TWO
        .
        More mundane matters.
        .
        The rains have arrived very late this year. A proper shower began at 3.45 pm.
        .
        Just before that, there was a cry of “biththara, biththara”. A lone driver in a van. Yes, he said, he had adapted “technology” to keep the cry going even as he got into the rear and gave me six white eggs, put into a small “shopping bag,” for a hundred rupees. He said that he’s come from Kurunegala since there is no egg production around Bandarawela. That last bit is not true.
        .
        I’m sure that this resourceful guy will (quite deservedly) thrive. It made sense for me to purchase this brittle commodity at my gate.
        .
        The electricity is still holding steady at 4.45, after the shower is over. However, after Nature sent her first “experimental” light rain two days ago, the electricity was erratic for hours. I’m on my “notebook” which I hated. It may be that I’ll start loving it, as I come to depend on it more. About three hours ago, I had got my desk-top going after two days. Unfortunately, the power failed within ten minutes. I went straight to “Shut Down” but the UPS battery has weakened considerably after getting drained fully two days ago.
        .
        Warning to all reading this. Look after equipment. Disconnect ADSL. Maintenance will get ever more difficult.

        • 1
          0

          Dear Mr SM,

          Please take good care of you.
          :
          We cant change the average mind set of our people. As we all know, you heartedly made your own efforts by feeding them with facts shortly before last PE. But unfortunately, not many took your instructions, but voted for them.
          :
          So, some believe, today ‘s politics in the island should be connected with a mixture of all – meaning not only wisdom and experience but you should be able to get on with uncultured, rascals dominated society. Today s society is believed to be filled with those who would not have the least respect and dignity to anyone. So, only rascals, could control over the rascals. While you the kind of retired senior personalities would nt even think of being part of the process.
          This has been the problem in the country today. See, those farmers across the country are left to be in double chaos, not being able to sell their harvests. Why cant the govt authorities/private companies involve in that process. Each and every city/village corners, there are spacious playgrounds or block lands, where the tranport vehicles could line up collect those harvest from the suppliers. Here lack of a proper system, makes it very difficult and send them in anxities apart from their worries of being caught by COVID-19. Schools are closed for the moments, why cant the authorities in each area get together into school or the like spcious places and relieve these farmers, not allowing them being worried in their businesses. Today, the danger is, these met ones would have to face difficulties not becuase of COVID19 but because of their unncessary stress. I think, nothing seems to work as is the case in neigbouring countries. Our authorities should learn them at least from VIetnam or the like countries.
          .

    • 4
      0

      He will be the COUP De Grass to lanken democracy.
      :
      Wait and see, how this buggers would ruin this nation.
      :
      Folks leave your hope about to hub… this will ONLY be a Second Zimbabwe of GOTABAYA.
      .
      No matter people would have been in a tight corner, but to focus on the Election is very inhuman. But high criminals would never pulshe the feelings of the people.
      :
      Destitute will have to suffer, as they are thrown from fry pan to fire.

  • 6
    8

    What if under this very difficult situation when the Treasury is struggling with no foreign remittances, no tourist money, just wasting Rs 7000 million for just recycling, mostly the same existing crooks, there are no p[arties to discuss too, because if elections were held bond scammers, butterflies and UNPATRIOTIC party will become a THREE WHEELER PARTY. Because, people after the election meeting said OH YAH WE KNOW come when the election comes. THEY GOT ONLY 16% JUST LIKE DURING THE EELAM WAR THEY GOT 16%, THE OPPOSITE). JUST POST PONE THE ELECTION FOR FIVE YEARS AND RUN THE COUNTRY.
    ANYWAY, UNP AND MOST OTHERS WILL BE THREE WHEELER PARTIES. SOME LEADERS WILL BE APPOINTED ONLY VIA THE NATIONAL LIST.
    Why do we have to make always NGOs happy ?

  • 7
    3

    Law they say is an Ass. Its meant to be bended, broken, twisted or turned.
    There is no perfect democracy which is practiced to the letter of the law.
    If there was one, that system should be relegated to a Museum as a Museum piece.

    Prof. Jayawickreme has correctly pointed out, The Prez can make a proclamation for the elections to be held during the final week in May. This way, the President could buy time hoping the situation would improve or summon parliament 1/June and continue untill 2/Sept on which date The Prez will have another 3 months to hold an election establish a parliament.

    Serious situations merit serious decisions.
    Different ground situation need different strategies as in the case of present times.
    Therefore, better we ask the Prez to focus on immediate needs and think about the election when the ground situation is condusive.
    We are not going to bring back the 225 Jackalls to parliament and provide an opportunity to a pack Hyenas who only looking to complete their terms to qualify for a Pension at the expense of the masses ?
    Nepal, South Korea & Vietnam is not the issue here.

    • 3
      0

      Sinkala THONDA

      1) Law they say is an Ass. Its meant to be bended, broken, twisted or turned.
      There is no perfect democracy which is practiced to the letter of the law.
      If there was one, that system should be relegated to a Museum as a Museum piece.

      *** Sri Lanka is a 3rd Wotld Country with a primitive system where Law is an ASS . I agree.

      2) The Prez can make a proclamation for the elections to be held during the final week in May. This way, the President could buy time hoping the situation would improve or summon parliament 1/June and continue untill 2/Sept on which date The Prez will have another 3 months to hold an election establish a parliament.

      *** How can a CRIMINAL who is on DEATH ROW buy time when we know he will be hanged.

      3) Serious situations merit serious decisions.Different ground situation need different strategies as in the case of present times.

      *** When you know you cant make headway in the World it is time to move over.

      4) Therefore, better we ask the Prez to focus on immediate needs and think about the future of the Ciuntry and
      *** Yes you are right . RESIGN and hand yourself over to FBI

      5) Hyenas who only looking to complete their terms to qualify for a Pension at the expense of the masses.
      *** There is no money to even buy Bread . What pension which is for the Rich.

  • 1
    7

    Nihal Jayawicrama: It is the constitution, rule book, election and democracy aka lack of discipline or leaving the country to Anarchists what is important and NOT THE DISCIPLINE. Imagination and inventiveness, EXECUTIVE powers those are irrelevant because the International society and their lackeys NGOs did not want it. That is their democracy – what they say is the democracy. But, in hiding, Civil society says they want jobs.

  • 7
    1

    Its time for the President follow advice of VIYATHUN ( not 6 inch type) for Nations sake. Will the President decide to test the strength of the constitution? Sirisena did it, manipulated in dirtiest style and only accrued shame; not only for himself but for MR too. But, Gota is brand new with 5 years ahead of him and people looking forward for him to transition to a Statesman. Family matters, but not at this point. People neither aspire ‘Freedom of Wild-Ass’ nor ‘ Tyranny of Hyenas’.

  • 4
    3

    If the Elections cannot be held as stipulated in terms of the provision of the Constitution, the President will carry on regardless with his “COHORTS” of both the “Bureaucrats” and the “Armed Forces”. The stage has been set already with the public opinion directed towards it. At this moment people have completely forgotten of democracy, rule of law and Judiciary; but has come out openly to FELICITATE the mighty “THREE” – The President, Prime Minister and the Commander of the Army.

  • 2
    0

    Dr. Nihal Jayawickrema.
    “Section 24(3) of the Parliamentary Elections Act states that “where due to any emergency or unforeseen circumstances the poll for the election in any electoral district cannot be taken on the day specified”, the Election Commission “may by Order published in the Gazette appoint another day for the taking of such poll”.

    As many Districts are in emergency situation of COVID 19 Pandemic that had demonstrated it will spread to all 25 Districts and the medical specialists in Sr Lanka and many other countries has confirmed that, can “any District” be justly interpreted as “all Districts?” If it can be, can the EC set a new date for election In all Districts in consultation with the Medical Specialists in communicable deceases?

  • 3
    4

    Although this legal Dude is of the opinion that neither party knows what they are doing ,I think the President’s Secs s suggestion to the Election Commission is the best option.
    Then the Opposition Legal Eagles can take Macko to the High Court if they are not happy with the date.

    Most of our Law makers in Kotte who were forced into semi retirement by Prez Nandaseana must be hurting bad, watching the unfolding saga of the Corona Pandemic , and thinking of what they are missing out.

    Specially not being able to flout the Curfew and drive around in their Defenders with the STF and the Police Cops, to supervise our brave Soldiers and the Health Carers taking care of the Corona Virus and protecting the Inhabitants .
    And providing them with Dhall and Mackeral rations and a few extra Bux under the Samurdhi assistance.

    Just imagine for a minute the ex Lawmakers Mr Ranjana Rmanayaka and Ms Hirunicka Premachandra inspecting Infected regions and and issuing progress reports through the U Tube to our poor Corona Isolated inhabitants?.

    Anyway now the father of the UNP Democracy who didn’t want either the Presidency or the PM Job under Dr Rani controlled UNP, has come out swinging to warn our inhabitants that living under the Curfew is more dangerous than living with the Corona.

    And Dr Rajith the Law Maker and best health Minister says the Stats are all Bull and there are more Corona Infected in Srilanka than what PPrez Nandasena reports.

    I mean these are real vote winners at the next Election.

    Wouldn’t it be better for the UNP and its new Alliance if Prez Nandasena postpone it longer?.
    Although it may break the Constitution a little bit?..

    I am surprised that our Legal experts covered the Pandemics in the Provinces but didn’t worry about the Srilankan State when they were writing the Constitution…

    • 2
      1

      KASmaalam K.A. Sumanasekera


      “Most of our Law makers in Kotte who were forced into semi retirement by Prez Nandaseana must be hurting bad, …”

      Where did you get the stupid idea that previlledged Kotte inhabitants are “Law Makers”, in fact they are first among the “Law Breakers”.
      You survive because of them.

      “And providing them with Dhall and Mackeral rations and a few extra Bux under the Samurdhi assistance.”

      A sign of elections are around the corner.

      Take care, both Coronavirus and Rana-viruses are active in this island.

      • 1
        3

        Dear Native,

        Ranavirus are doing a fabulous job to keep the Corona Virus at bay,.
        But our new generation of Jet Setters with out the right paper work ,are not helping the Ranavirus ..-

        Prez Nandasena’s Def Sec Goonarathne’s new APP is a real gem.
        It shows all the Jet Setters who carried the Corona to Lankawe .And help Goonarathna’s Intelligence Boys to keep a Tab on them.

        That will be very useful going forward even after the Corona Virus.
        Specially on this first anniversary of the Destruction of Kochikade and the Catholic Church in Lankawe.

        The Intelligence boys will make sure that sort of disasters do not visit us again at least until Prez Nandasena is around….

        Anyway happy Easter to you..

        • 1
          0

          KASmaalam K.A. Sumanasekera

          “Anyway happy Easter to you..”

          Have you wished your new found love the cross dresser a Happy Easter and Happy New Year?

          I hear Gota has ordered his goons to encroach and occupy fertile farming lands in the North under the pretext of increasing rice production. You should brand any farmer who protests against such occupation as traitors, LTTE lackey, ….. UNP,….

          Happy holidays.
          Are you being invited to have Easter Sunday lunch with the cross dresser?

          • 0
            1

            Dear Native,

            I respect all religions , including your Saiva Religion although even Buddha didn’t agree with their archaic practices and rituals..

            Were you refused to become a Choir Boy at the Zion Church ,to harbor so much anger at our Good Cardinal and his Catholic Church, which was destroyed by the Muslim Revolutionories who were good friends of the Wahabi Politicians who are now crying foul because their Corona Infected corpses are not sent to our Villages. .

            Anyway Did you have a good Easter Lunch with all the trimmings ?.

            Or are you celebrating the Thamil New Year with Kiribath, Kavum, Achar, Katta Sambol .Ulundu Vadai and Sambar?.

            • 1
              0

              KASmaalam K.A. Sumanasekera

              “I respect all religions , including your Saiva Religion although even Buddha didn’t agree with their archaic practices and rituals..”

              You may or may not respect all religions, it does not mean I have to believe you.
              Where did you get the idea that I should have a religion, alas you have taken upon yourself to name my religion. Don’t be silly.

              Go away.

              “Or are you celebrating the Thamil New Year with Kiribath, Kavum, Achar, Katta Sambol .Ulundu Vadai and Sambar?”

              You bet I did.
              Pol Sambal, Hath Maluwa, Unduwel, Mung-Kevum, ….. Kiri Pani, … Sherbert/Falooda, homemade Coconut Ice Cream, ….
              Brilliant.

              • 0
                0

                Dear Native,

                Glad to hear you celebratated the ST New year with all that Yummy Tucker.
                Were you in Isolation just with the Missus?.
                Or did the grand kids drop in to wish you..

                Anyway I am happy to hear you are keeping safe in these difficult times .

            • 0
              0

              KAS
              When did the Buddha utter anything about the Saiva religion?
              His adverse comments were about Brahminism. But the Sinhala Buddhists are adherents of several of the practices denounced by the Buddha.
              They have also adopted for worship most of the gods in the Hindu pantheon.
              *
              It may be a good idea to put your head into gear before you shoot from your hip.

  • 1
    1

    Holding the election right in the middle of Covid-19 pandemic is something for commonsense, instead studying too much of constitution. But constitution may not be violated. In Lankawe it is not constitution cannot be violated. Otherwise what a Paradesi War criminal is doing in Presidential palace. It is absolute violation of Constitution, especially 19 A’s citizenship part.
    I like to quote few paragraphs from Ratnajeevan’s essay, appeared in CT and outside, earlier. In case if CT cut all or part of the quote, please refer to Ratnajeevan’s’ essay completely, once again though many of you may have read it already.
    https://www.colombotelegraph.com/index.php/parliamentary-election-2020-date-of-summoning-of-the-new-parliament/
    Indeed, it is because of that right that the Commission stated that the elections cannot be held on time for the new Parliament to meet by 2 June, 2020. If we set that date, it would mean one of two things. One, the public in fear of CORONA-19 would not stand in lines to vote. That means they will lose their franchise, but will exercise their franchise if we do not rush into polls and watch the situation.
    …………………………………..
    And Two, if not the scenario envisaged under One, if we guestimate when the pandemic will be over, and set a date and the pandemic is still raging, people will go to the polls, stand in crowded lines, and spread this life-threatening virus.

    …………………………………….
    (After this RH citing some staff problems at Presidential Palace and EC & continuing…)

  • 1
    1

    Let’s see few more lines from RH

    We do not want to go there where laws are violated without care as seems inevitable from the refusal to consult the Supreme Court, and we find ourselves with a fixed poll date that is unlikely to work out. We need resolution. Only the Supreme Court’s direction, even if we do not agree with whatever it might say, has no appeal and will give finality to whatever we do. That right of consultative appeal is defined under Article 129(1) of the constitution:
    If at any time it appears to the President of the Republic that a question of the law or fact has arisen or is likely to arise which is of such nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer that question to the Court for consideration and the Court may, after such hearing as it thinks fit within the period specified in such reference or within such time as may be extended by the President, report to the President its opinion thereon.”

    Apparently Royals wants to cash on the Covid-19 while EC wants ample time to do it conveniently. Is this sound like if president is not applying to court EC may contest at Court any the inconvenience dates set by President?

  • 2
    4

    Just talk to leaders of the parliamentery crooks and run the govt for another five years. Cut down the parliament, eventually to a smaller size.

  • 3
    6

    Yamapalana hangers-on and Sajith Premadasa sycophants (read Dayan Jayathilaka) want to elevate the non issue of election to a ‘crisis’ in the middle of a life threatening pandemic? Are their vested interests (like Dayan Jayathila’s) more important than coming out of this real health crisis?
    ]
    Presume we should bring Felix Dias from the dead and appoint Nihal Jayawickrama, his henchman president of the country to save us from this so-called ‘CRISIS’. (Hoping that Jayawickrama can come past the gates of the Ktunayaka airport, because he could still be marked ‘wanted’).
    ]
    President is preoccupied with tackling the pandemic and vested interests should leave him alone.

    • 0
      2

      Ranjith LEwke: You are talking about party politics and your jealousy and not about the country.

  • 9
    0

    So we have incompetent public officers who have no clue about the constitution of the country and the election law . So these are the guys who lookafter the well being of the citizens. can you believe it?

    • 0
      0

      Constitution – piece of papers are superior to human needs. destructive people.

  • 6
    1

    Dr. Nihal,
    Thank you for the presentation in cogent manner. I have known you as a polite gentleman. You have avoided commenting on (Prez Secretary) Jayasundara’s lousy letter (Daily Mirror, 10/4). Considering the spirit of S.24(3), Ethir’s suggestion makes some sense. Doesn’t it?

  • 5
    0

    Dear Nihal. Thank you for the excellent article.
    This highlights the weakness of not knowing the constitution and the laws of the country by people who ought to know best. This has happened earlier too to be snubbed by the Supreme Court. Eg. five-six year term of office for the President; sacking of PM Wickramasinghe and the appointment of a new PM.
    It appears that an ‘electoral district’ is not properly understood by some. I pity this, which we learnt as probationers.
    Passing the buck is further observed as a solution to the problem in hand. Most likely the agendaS are contradicting each other.. The government spokespersons want to hold election after declaring that the Corona problem is no more, but keeping the EC and DG Health responsible if anything goes wrong on something which cannot be predicted; opposition wanting to find fault for violating the constitution by the President and have a field day when the parliament is recalled; EC placing the responsibility on the President etc.
    I think the financial issue may not be a problem for the government because Auditor General could be convinced. But the precedence will be detrimental as the constitution has given financial authority to the Parliament.
    But the constitutional issue is common to everybody especially in the future. What is wrongly implemented by anybody should not be allowed to be called precedence and good government in the future.
    Though many criticize all this on constitutional aspects no one goes to courts because the President will call that party a saboteur of his good actions!Who wants this when facing an election?
    Interesting times. Anyway thanks Nihal again and Uvindu for publishing this article.

    • 1
      2

      Austin Fernando: What is the use of humans involving in this, if the executive president can not decide it even in GOOD faith under serious conditions to go without an elections?. Why you people are promoting more stupid ness when we know for 70 years elections did not do much to the people.
      The best option is president talks to crooks and come into some agreements. What crooks may ask is employment for everybody, pensions reinstated (New parliament doe snot need that as a concern) for everybody. but, Sri lanka does not need all 224. Can get rid of some crooks.
      Why you people do not think about the serious situation that Sri lanka is in.
      We had 30 year war, Tsunami, General elections, Zaharan attacks, covid attacks and all these times our rupee is becoming toilet paper day by day. Why IMF is devaluing the rupee as they wish. Do the american rating agencies and IMF run the world. for their benefit. How can Sri lanka can come up ever when you people are also supporting these foreigners who say we want elections.
      Why do people cannot think out of the box instead give space to NGOs and foreigners just sabotaging sri lanka.

  • 2
    1

    There are of course, besides the constitutional issues ably discussed here, some international concerns that need to be kept in mind. The IMF tranche of 1.3 billion dollars is to be delayed until after the “forthcoming elections” and the epidemic. Without the bailout, Sri Lanka cannot function. It will have to take the begging bowl to many countries. Loans can only be made to legitimate governments. The present government with the President only is not a legitimate government. Legitimacy is dependent on the existence of Parliament. No state or institution is going to give a loan to President Gota (particularly with his history of augmenting family funds with public money). So, we have a conundrum here. Either recall Parliament or hold elections before the money runs out. The choice is simple. There is no realistic options for Gota.

    • 1
      0

      govt should fuind a way to bypass IMF. IMF is distributing american money at their rate. did you listen to one minister said. In 1950, American dollar was worth. Rs 4.77. In 1977, the then govt legally devalued it to Rs 16.77 or something. since then it is going don. what is the reason. Because, we import that is one reason. The american rating agencies say only our money goes down. they can print money and correct everything even though their manufacturing goes overseas with the devalued currencies they get cheap stuff for ever. On top of that there is GSP also to control us. We should fight for that too in order to give them cheapo goods. the whole developing world is doing this.
      We can spend that wasted money for something.

  • 3
    0

    Mr.President please consult the supreme court and get their opinion your leadership qualities would be assessed base on your decision keep in mine about the pandemic situation.

    Corona virus affecting 210 countries and territories total number countries with less than 6 total deaths are 127 so dont be too optimistic we have done very good controlling and spreading of Corona virus even if we look at the ratio total cases to 1 million population we not the best as per state TV Derena and Hiru please stop fooling the people and get back to your work President

  • 1
    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

Leave A Comment

Comments should not exceed 200 words. Embedding external links and writing in capital letters are discouraged. Commenting is automatically disabled after 5 days and approval may take up to 24 hours. Please read our Comments Policy for further details. Your email address will not be published.