LG polls: EC Chief won’t disclose AG’s opinion

PAFFREL warns of irreparable damage if commission succumbs to political pressure

By Shamindra Ferdinando

Election Commission Chairman Nimal Punchihewa yesterday (30) said that he wouldn’t disclose Attorney General Sanjaya Rajaratnam’s opinion on whether he could conduct Local Government polls against the backdrop of the enactment of the 21st Amendment to the Constitution.

Attorney-at-Law Punchihewa said so when The Island asked whether he would share the AG’s letter with Rohana Hettiarachchi, Executive Director of PAFFREL (People’s Action for Free and Fair Elections). PAFFREL yesterday requested Punchihewa to share the AG’s response with the polls monitoring body.

Declaring the AG’s response as an internal communique between him and the Election Commission, Punchihewa said that such information couldn’t be even sought in terms of the Right to Information (RTI) Act. Punchihewa emphasised that he wouldn’t change his stand on the issue, at hand, under any circumstances.

The Election Commission consists of Nimal Punchihewa (Chairman), S.B. Divaratne, M.M. Mohamed, K.P.P. Pathirana and P.S.M. Charles.

Confirming that he received the AG’s opinion, Punchihewa said that his outfit would make its announcement on LG polls at the appropriate time.

In his letter to Punchihewa, Hettiarachchi said that PAFFREL would expect a quick response from the EC as it was responsible for ensuring the rights of 16 mn voters. In his letter to Punchihewa, Hettiarachchi said that PAFFREL felt that there was no requirement to seek the AG’s opinion on this matter.

Hettiarachchi said that the EC could set the date for the election now. Referring to various obstacles experienced by the EC with regard to the preparations for the election, Hettiarachchi insisted that there was need to further delay the announcement. The whole process had been completed and there was no justification in further delaying the announcement, the civil society activist said.

Responding to another query, Hettiarachchi warned if the Election Commission failed to fulfill its mandatory obligations to the electorate, the public would surely lose faith not only in the Election Commission but the entire set up.

Hettiarachchi said that there was no basis for claims that the enactment of the 21st Amendment crippled Election Commission. All Commissions established in terms of the 20th Amendment enacted in Oct 2020 would continue to function until the setting up of new Commissions, Hettiarachchi said, appealing to the Election Commission not to deprive the electorate of an opportunity to exercise their franchise.

The independent Election Commission on Sept. 20, this year received constitutional right to call for LG polls.

Last LG polls were held in Feb 2018. Former Provincial Council Minister Roshan Ranasinghe put off LG polls by one year claiming the threat posed by covid-19.

Political sources said that senior representatives of political parties recently made representations to the Election Commission regarding the urgent need to set the process in motion.

Prof. Charitha Herath, MP, said that they realized the growing reluctance on the part of the government to face LG polls. Speaking on behalf of Nidahasa Jathika Sabhawa, the SLPP National List MP asserted that the Wickremesinghe-Rajapaksa government was so unpopular, the UNP and the SLPP would do everything possible to postpone polls indefinitely.