BASL Prez sets record straight

Govt-EC battle over LG polls:

By Shamindra Ferdinando

President of the Bar Association of Sri Lanka (BASL) Saliya Pieris, PC, says the Election Commission (EC) has retained him as its Counsel as Attorney General Sanjay Rajaratnam, PC, does not appear for the EC in a fundamental rights case filed against the conduct of the scheduled local government polls.

The outgoing BASL Chief said so when The Island sought his response to accusations directed by SLPP Gampaha District MPs Sahan Pradeep Withana and Milan Jayatilleke regarding a secret meeting he had with the five-member EC and its Director General.

The EC consists of Nimal G. Punchihewa (Chairman), M. M. Mohamed, S.B. Divaratne, K.P.P. Pathirana and Mrs. P.S. M. Charles. Saman Sri Ratnayake functions as its Director General.

Pieris said that there was absolutely no basis for such allegations. “In fact, I have been retained by the EC in 2020,” the BASL President said. Pieris will continue in the current capacity till the BASL Convocation scheduled for March 25, 2023.

Kaushalya Navaratne was recently elected uncontested as BASL President after Sarath Jayamanne, PC, one-time Director General, Commission to Investigate Allegations of Bribery or Corruption (CIABOC) withdrew his nomination. Incumbent Secretary, BASL, Attorney-at-Law Isuru Balapatabendi, too, was elected uncontested for 2023/2024 period.

Pieris said that DG, EC, didn’t even attend the meeting.

Pieris emphasised that the BASL is firmly of the view that the EC should be allowed to exercise its powers mandated under the Constitution and the law without interference.

In a statement dated January 11, 2023, the BASL asked the President and the Government to refrain from taking any steps which could be construed as an interference with the independent

functions of that Commission and with the exercise of the franchise by the people.

It warned of dire consequences in case the government interfered with the scheduled election.

In terms of the relevant laws, the LG poll could be postponed for a maximum period of one year.

EC sources said that as the last LG poll had been held on February 10, 2018 and Local Authorities constituted subsequently, the next poll was to be concluded by March 19, 2022.

Former Local Government Minister Roshan Ranasinghe had put off the election by one year and it was to be conducted and Local Government Authorities established by March 20, 2023, sources said.

Responding to The Island queries, sources said that the law allowed the EC to set the date for election after Sept. 20, 2022 as stipulated. Asked to explain, sources said that the EC received the authority to take necessary measures after completion of six months of the postponed period.

Minister Ranasinghe put off LG poll claiming the threat posed by Covid-19.

Acknowledging criticism directed at the EC regarding inordinate delay in issuing notice for LG polls, sources pointed out that if the election was called immediately after Sept 20, 2022, perhaps 250,000 to 300,000 could have lost an opportunity to exercise their franchise as the EC had to go by the 2021 Electoral Register.

The process was delayed to update the Electoral Register in terms of the relevant Act, sources said, adding that those who reached 18 could be accommodated thrice every year.

Having finalised the Electoral Register, the EC was to go ahead with other preparations when Premier Dinesh Gunawardena twice called EC members and DG, for talks last December at his office where the MEP leader explained the difficulties experienced by the government and the public in case LG poll was conducted.

Among the issues that had been raised by the Premier were the Advanced Level examination, retirement of public servants, economic crisis, shortage of printing paper, fog experienced in some parts of the country etc.

Subsequently, President Ranil Wickremesinghe has called for two meetings with EC members and DG, to repeat concerns raised by Premier Gunawardena previously. On both occasions, Premier Gunawardena has been present while AG Rajaratnam attended the second meeting chaired by President Wickremesinghe on January 05 at the Presidential Secretariat.

Sources said that scheduled polls couldn’t be postponed on the basis of division within the EC as whatever the differences they had to abide by the relevant Acts and laws.

These sources said that the AG’s refusal to appear for the EC should be examined against the backdrop of him questioning the EC over the process, particularly the decision to issue ‘call notice’ on January 04, 2023.

The government, in a bid to pressure the EC, pushed for the Treasury, the IGP and the Government Printer to declare their inability to facilitate the electoral process. However, the meetings called by the EC failed to cause the anticipated uproar as there was consensus regarding the need to conduct LG polls as scheduled.

Sources said that the process was on track and EC didn’t expect the government to cause further hindrance.