Polls Chief says Prez pardon restored Ranjan’s civic rights

‘Won’t be impeded by restrictions imposed on those who served six-month prison terms’

By Shamindra Ferdinando

Election Commission Chief Nimal Punchihewa said that an elected MP, who had been replaced by another, in terms of the preferential votes received at a general election, couldn’t regain his/her seat.Attorney-at-Law Punchihewa said so when The Island asked him whether Ranjan Ramanayake could regain his Gampaha District seat as he received a presidential pardon. The Supreme Court, on January 12, 2021, sentenced Ramanayake to four years rigorous imprisonment for contempt of court.

At the time he was sentenced, Ramanayake represented the main Opposition Samagi Jana Balavegaya (SJB) as a lawmaker, elected from the Gampaha district. Ajith Kumara Mannamperuma, who polled the highest number of preferential votes, out of the unsuccessful SJB contestants, was sworn in as an MP to fill the vacancy created by Ramanayake’s removal.

Ramanayake questioned the integrity of the judiciary, on Aug 21, 2017, outside Temple Trees. The politician served as a State Minister of the UNP-SLFP yahapalana government at that time.Asked whether Ramanayake could enter Parliament, or contest the next general election, Punchihewa said that the former MP could re-enter Parliament, through the National List.

The SJB secured 54 seats, including 07 National List slots, at the last general election, in August 2020. Ramanayake switched his allegiance to Sajith Premadasa, the then UNP Deputy Leader.

Responding to another query, Punchihewa said that Ramanayake could re-enter parliament on the National List and contest the next general election as he received a presidential pardon. Otherwise, a person who served a six months prison term automatically lost civil rights for a period of seven years, thereby forfeited right to vote or elected or appointed through the National List.

Former President Gotabaya Rajapaksa didn’t pardon Ramanayake though there were requests. Several weeks before President Rajapaksa’s resignation, Ramanayake was sentenced to two years in prison and suspended for five years over the second contempt of court charge. The former MP pleaded guilty.The Attorney General filed the second contempt of court case against Ramanayake for a comment he made on a television channel.

The Presidential Media Division (PMD) said that President Wickremesinghe granted pardon on the condition that the former MP wouldn’t make statement critical or derogatory of the entire judiciary.

The PMD declared that according to an affidavit received by the Supreme Court on Aug 25, the former MP said that the statement he made outside Temple Trees on August 21, 2017 is completely and utterly false and derogatory and contemptuous of the entire judiciary. Therefore, he humbly and profoundly apologized and sought the forgiveness of the entire judiciary, the PMD added.According to the PMD, the former MP has promised the Supreme Court that he would never again, in his entire lifetime; make any statement