threatens legal action against errant officials
All Opposition parties have called on the Election Commission (EC) to hold the local government (LG) polls by 19 March. The SJB, the JVP-led NPP, the TNA, the SLFP, the TPA, the SLMC, the ACMC, and the breakaway fractions of the SLPP, had jointly written to the EC, urging it to hold the LG elections on 19 March, in keeping with its undertaking given to Court, TNA Batticaloa District MP Shanakiyan Rasamanickam told The Island.
The Opposition parties have also sought a meeting with the EC members at 9 am tomorrow (07).The TNA and the JVP, on Saturday, warned the government, and public officials, either to respect the Supreme Court order and help conduct the LG polls or to get ready to face legal action for contempt of court.
Addressing the media in Colombo on Saturday, TNA spokesman, Jaffna District MP MA Sumanthiran, said that they hoped the EC would fix a new date for the LG polls to be held before the legally mandated 19 March.
“There is no need for discussions with the Secretary to the Treasury or anyone else on this matter. The Election Commission has said it would meet the Treasury Secretary to fix a date for the elections. We see this as a ploy by the members of the Election Commission
to delay the polls further. We demand that the Election Commission meet immediately. During an elections period, every day is considered a working day for its members. They must meet immediately and fix a date before 20 March to conduct elections,” Sumanthiran said.
Addressing the media at the JVP Headquarters in Pelawatte, Attorney-at-Law Sunil Watagala on Saturday said that the EC was one of the respondents in the case and had to respect the court order. “If it cares for the people’s franchise, it should fix an early date for the elections. If any public official defies the Supreme Court order, he or she will be charged with contempt of court,” he said.
Watagala said that according to the Supreme Court order, President Ranil Wickremesinghe as the Finance Minister and the Cabinet had to release the Rs. 10 billion allocated for the local council polls from the 2023 Budget.
Watagala said the state officials including the Treasury Secretary, the Attorney General and IGP also had to abide by the Supreme Court interim order.The letter addressed to the Elections Commission was signed by MPs Prof GL Peiris, Vijitha Herath, Mano Ganeshan, Rishad Bathuideen, Ranjith Madduma Bandara, Rauf Hakim, Rasamanickam and Dayasiri Jayasekera.
The letter titled, ‘Urgent action and request for an urgent meeting’ says: “We write consequent to the order of the Supreme Court made on 3rd March 2023, in SC FR 69/2023 restraining the Minister of Finance, the Secretary to the Treasury and others from withholding necessary funds for the conduct of the Local Government Elections that was scheduled to be held on 9th March 2023. The Court has also made a further order to the Government Printer in respect to the printing of ballot papers.
“You gave an undertaking in SC Writ 6/2023 and SC Writ 7/2023 that you will hold the said elections according to law. You are aware that according to law, the said elections should be held on or before 19th 2023. When the Secretary to the Treasury and the Government Printer did not cooperate with you, you filed a Motion in the aforesaid two cases seeking court’s direction on them.
“Now that the Supreme Court has removed the only impediment to holding the elections according to law, it is your imperative duty to conduct the said elections on or before 19th March 2023. We do not see any reason why you should consult the Secretary to the Treasury or anyone else, now that they are bound to comply with the interim order issued by the Supreme Court as aforesaid.
“We therefore request you to re-fix the date of the Local Government Elections on a date before 20th March 2023 as required by law or the earliest possible date without any further delay. You should not prevaricate on the pretext of consultation with anyone.
In addition to the above we wish to meet with your Commission at 9.00 am on 07th March 2023 at the Elections Secretariat.”