EC Chief defends Ranil’s NL appointment, admits Constitutional deficiencies

Nagananda plans to move SC

By Shamindra Ferdinando

Attorney-at-Law Nagananda Kodituwakku yesterday (4) told The Island that he intends to move the Supreme Court this week against the Chairman of the Election Commission (EC), Nimal Punchihewa, for accommodating UNP leader Ranil Wickremesinghe on the National List, in contravention of Section 99A of the Constitution.

Attorney-at-Law Punchihewa, who previously served as a member of the Human Rights Commission of Sri Lanka (HRCSL), couldn’t be unaware of the Section 99A introduced by the 14th Amendment to the Constitution, enacted in May 1988, Nagananda said.

In terms of the 99A, National List slots had to be filled by members from the original NL list, submitted to the EC before the general election, or those who were on district lists, Kodituwakku said, adding that the Section stipulated vacancies had to be filled within seven days after respective General Secretaries of political parties and independent groups received intimation as regards slots allocated.

Of the 225 member parliament, 29 are appointed through the NL.

Kodituwakku said that on behalf of Sri Lanka Vinivida Peramuna, he informed Punchihewa on July 1 via email their decision to move SC in respect Wickremesinghe entering parliament.

Responding to accusations, lawyer Punchihewa told The Island that though the 99A specified names that had to be submitted within a week after receiving intimation from the EC, it didn’t specify what action the EC could take in case submissions weren’t made. Punchihewa said that the EC in January this year proposed an amendment in respect of the NL to a group of experts formulating the new Constitution. Punchihewa said that the EC suggested that it should be constitutionally empowered to name those in the NL as MPs, in case respective political parties failed to make submissions within days. There was no point in denying the serious deficiencies in the supreme law, Punchihewa said, underscoring the need to address those issues.

Responding to another query, Punchihewa pointed out that Section 99A should be read with the relevant section of the Parliamentary Elections Act, No. 1 of 1981. According to him, the Constitution and the Parliamentary Election Act, No 1 of 1981 were silent in filling vacancies in case those who had been originally appointed to the NL resigned.