Electoral reforms: EC yet to receive invitation from expert committee  

By Shamindra Ferdinando

The Election Commission (EC) hasn’t received an opportunity to appear before the nine-mmeber committee tasked with formulating a draft constitution.

Well informed sources told The Island that the EC submitted an eight-point proposal regarding electoral reforms to the committee, chaired by Romesh de Silva, PC, following a meeting held on January 29, 2021.

Sources said that although several parties, including those represented in Parliament, had been invited to make submissions, the EC was yet to discuss its proposals with de Silva’s committee.

Responding to another query, sources revealed that the same set of proposals, in addition to other required information, pertaining to the issue at hand, had been submitted to the recently appointed Parliamentary Select Committee (PSC) on electoral reforms.

The EC has recommended unseating of lawmakers who failed to attend at least one third of the total number of sessions in the first two years of the five-year term without justifiable reasons. The recommendation is among eight far reaching proposals Commissioner General of EC Saman Sri Ratnayake has made on January 29, 202.

The EC emphasised that lawmakers unless suffering from some illness, or specific justifiable reason, should attend the stipulated number of parliamentary sessions or face expulsion.

The five-member EC Chaired by Attorney-at-Law Nimal G. Punchihewa, include S.B. Diwarathne, M.M. Mohommed, K.P.P. Pathirana and Jeewan Thyagaraja.

President Gotabaya Rajapaksa, in terms of the 20th Amendment to the Constitution enacted last October, expanded the EC from three to five members.

 The EC, at a meeting held on January 29, 2021, decided the following as part of constitutional measures to improve the political environment (1) Inclusion/acceptance of the right to vote as a fundamental right (2) Categorized Local Government and Provincial Council polls in addition to Presidential and Parliamentary polls to be included in the Constitution (3) Empower the EC to unseat elected members who failed to furnish accurate information regarding funds received and campaign expenses within 30 days after the release of results. In the case of defeated candidates, to deal with them on the basis of having committed an election violation (4) Elected lawmakers to lose their seats in case they failed to attend at least one third of total number of sittings within the first two years of their five-year term (5) Introduce necessary amendment/amendments to expand the provisions in respect of Referendum to pave the way for obtaining public opinion as regards some sections of a particular Act. In terms of the 1978 constitution, a referendum can be conducted to ascertain public opinion on a particular matter (6) Empower the EC to take tangible measures to unseat lawmakers, Provincial Council and Local Government members in case they are convicted by a court of law after having examined the relevant cases (7) Authorize the EC to fill National List vacancies in terms of National Lists submitted by political parties along with nominations if a particular political party failed to name its appointed members within seven days after the declaration of results and (8) Provision for specific percentage for women members in Parliament, Provincial Councils and Local Government bodies.