EC suggests minor amendment to pave the way for PC polls

Sri Lanka’s Amb. in Myanmar calls for scrapping of PCs

SLPP reiterated its commitment to fresh elections

By Shamindra Ferdinando

Election Commission Chief attorney-at-law Nimal Punchihewa yesterday (16) said that the government could easily pave the way for Provincial Council polls by effecting a simple amendment to the Provincial Councils Act.

Punchihewa said so in response to The Island query whether the EC was making preparations for PC polls in the wake of its five members meeting Prime Minister Mahinda Rajapaksa.

Punchihewa said that as a new Act in respect of PCs had been endorsed in Parliament during the previous administration, polls couldn’t be held in the absence of a delimitation process.

Therefore, the polls couldn’t be conducted in terms of the new Act in the foreseeable future, the EC Chairman said. The only feasible strategy was to introduce an amendment to suspend the new Act pending the conclusion of polls in terms of the previous Act, the lawyer said.

Asked how fast the EC could move in case they secured the parliamentary approval as suggested by him, a confident Punchihewa said that arrangements could be finalized within 10 to 12 weeks.

Punchihewa said that the required amendment could be approved with a simple majority.

The top official explained that the PC system had been fully functional though elections weren’t held for any of the nine councils.

“In spite of the absence of elected representatives, respective Governors and relevant officials operate the system,” Punchihewa said. The EC Chief dismissed the much-touted claim that the PC system had collapsed for want of elections.

Punchihewa emphasized that the decision on PC polls rested with the government. The official expressed the view that the continuation of the Governors reflected the actual situation.

However, some of those who backed the SLPP at the 2019 presidential and 2020 general elections were strongly opposed to PC polls.

Sri Lanka’s Ambassador in Myanmar Prof. Nalin de Silva has called for scrapping of what he called an utterly wasteful system. Ambassador de Silva declared that in the absence of elected PCs, the 13th Amendment to the Constitution had been automatically abolished. Therefore, the much controversial 13th plus proposal, too, had been done away, Ambassador de Silva said, declaring there was no basis for assertion that democracy could be achieved by way of implementation of the PCs system.

Ambassador de Silva also questioned the proposed PC polls against the backdrop of the government undertaking a high profile project to introduce a new Constitution.

The retired Professor said that Sri Lanka shouldn’t bend backwards to appease India hell-bent on pursuing its despicable strategy here though it failed to implement the Indo-Lanka Accord of 1987.

 Against the backdrop of India’s failure to disarm the LTTE within the stipulated time, there was no point in talking about the so called Indo-Lanka Accord, the academic said.

Declaring that the PCs didn’t serve any purpose, Ambassador de Silva pointed out that the PC system accommodated hundreds of politicians and paved the way for some to enter Parliament.

Referring to Thamil Makkal Thesiya Kutani leader C.W. Wigneswaran’s entry into parliamentary politics, Ambassador de Silva pointed out how the former Supreme Court judge exploited his position as the Northern province Chief Minister to launch a political party.

The Ambassador urged the government not to succumb to Indian pressure as the 13th Amendment lacked any legal status in the absence of functioning PCs.

SLPP General Secretary Sagara Kariyawasam, MP, explained that as long as the 13th Amendment remained part of the Constitution, elections would have to be conducted and PCs empowered fully to serve the people. National List MP Kariyawasam pointed out that the government allocated a significant amount of funds for the PCs through the annual budget. Pointing out that funds had been allocated through the 2021 budget to PCs, too, lawmaker Kariyawasam emphasized that functioning PCs couldn’t be indefinitely run by Governors and officials, therefore polls would have to be held.

MP Kariyawasam stressed that the SLPP’s position on PCs was clear. There was absolutely no ambiguity in respect of the SLPP’s desire to conduct PC polls as quickly as possible to ensure proper public participation in the process.