Claiming that it was an extremely erroneous course of action for the Election Commission (EC) to seek the opinion of the Attorney General (AG) regarding the holding of the Local Government (LG) election, Sri Lanka Podujana Peramuna Chairman and Opposition MP Prof. G.L. Peiris said that the AG has no authority to make a decision regarding the said election.
Speaking to The Morning, he said: “The EC had recently sought the opinion of AG President’s Counsel Sanjay Rajaratnam, regarding the holding of the LG election. There is no need to seek the AG’s opinion in this matter, and it is very wrong for the EC to do so. The AG’s opinion is merely an opinion and not compellable. He has no authority to make a decision with regard to the elections, and there are many instances where the Supreme Court (SC) has ruled out the AG’s opinions.”
He also pointed out that the Government’s attention has been suddenly focused on reducing the number of LG representatives from 8,000 to 4,000, adding that although this is a progressive proposal, this will not be allowed to result in the postponement of the LG elections. Noting that there were 8,000 representatives in LG bodies since 2018, he said that it is problematic that the Government’s attention is focused on reducing that number suddenly when the LG election is due.
“The Government is using various tactics such as appointing select committees to postpone the LG election. There is absolutely no need for the consent of Parliament to hold elections. The necessary provisions are clearly mentioned in the Constitution and the relevant laws. If Parliament can postpone such elections, the Parliamentary Election can also be postponed as per their wishes. That’s why we filed a petition in the SC. We will continue to take every possible step in Parliament, among the people, in the judicial process, and at the international level to defeat this Government’s attempt to postpone the elections,” added Prof. Peiris.
Speaking further, he said that the people of this country had not forgiven any government that postponed, or attempted to postpone elections, and that all such governments were defeated in subsequent elections. In 1970, he said that then-Prime Minister Sirimavo Bandaranaike’s Government, which came into power for a period of five years, introduced the new Constitution in 1972, which included provisions for it to remain in power for another two years, but that in the General Election held in 1977, that government suffered a defeat to the extent it could not even secure the leadership of the Opposition.
The EC recently stated that it had sought the opinion of the AG regarding the holding of the LG election. EC Chairman Attorney Nimal Punchihewa had however told The Morning last week that the EC was unable to reveal the opinion given by the AG. Meanwhile, a group of Opposition MPs including Prof. Peiris had filed two writ applications in the SC on Monday (12) seeking an order directing the EC to immediately hold the LG election.