The much anticipated Local Government elections, originally scheduled by the Elections Commission (EC) for March 9, are now unlikely to go ahead on that day following representations made by the EC to the Supreme Court, thus ending months of speculation for the political parties involved.
The poll was eagerly awaited by the Opposition as they felt it would be advantageous to them. This was after the events of 2022 where a public uprising, with the Galle Face as its focal point, led to the resignations of then Prime Minister Mahinda Rajapaksa and then President Gotabaya Rajapaksa.
Provisions in the Constitution saw Parliament choosing Ranil Wickremesinghe to complete the remainder of former President Rajapaksa’s term. President Wickremesinghe, though being from the United National Party (UNP), was supported by the ruling Sri Lanka Podujana Peramuna (SLPP).
The Opposition believes that, since public discontent against former President Rajapaksa was of such a magnitude that he was forced to resign, the popularity of his party, the SLPP, would be similarly diminished. Hence their demand for Local Government polls, to test the strength of their popularity.
Local Government elections were last held in 2018 and won convincingly by the SLPP. The term of Local Government institutions was originally due to lapse early last year. This was extended as per the legislation governing local bodies for the maximum period of one year allowed by law.
Elections were required to be held in early 2023. The EC made all relevant preparations. Nominations were called and accepted. The date for the poll was fixed for March 9. However, a series of other events, mostly financial constraints, began to impact on the conduct of the election.
Election expenses
Last week, the Government Printer requested the Ministry of Media to provide the required finances and advice on proceeding to print ballot papers for the elections. The Printer, Ms. Gangani Liyanage sought advice regarding the circulars issued by the Finance Ministry relating to election expenses.
The Government Printer’s Department is under the purview of the Ministry of Media. The Finance Ministry circular calls for prioritising expenses. Officials violating the circular can be held personally responsible, it states. Election related expenses are not listed as a prioritised expense in the circular.
Previously, plans were underway by the Government Printer to print ballot papers, the cost of which would be later reimbursed by the EC. The Commission usually adopts a similar policy of reimbursement for all the services and personnel it utilises during the conduct of a national election.
However, with the Finance Ministry circular coming into effect, this was not possible. In addition, The Government Printer also said that Police coverage for the printing of ballot papers was not adequate. The Police Department also indicated it was not a position to provide sufficient security.
Due to these developments, postal voting for the Local Government election has been postponed until further notice, Election Commissioner General Saman Sri Ratnayake announced last Friday. Postal voting was due to end on February 28. This was the first indication the poll would be postponed.
Commissioner General Ratnayake said the postal voting was deferred as the Government Printer has not supplied the postal ballot papers on time as agreed. He said new dates for postal voting will be announced in due course but refrained from providing a time frame for the elections to be held.
EC challenges
On Saturday, Chairman of the Elections Commission (EC) Nimal Punchihewa indicated that the EC would be compelled to present their difficulties to the Supreme Court, citing the challenges they were encountering in the printing of ballot papers and in the lack of fuel for transport.
This is because, earlier, responding to petitions from Opposition Parliamentarians to the Supreme Court, the EC gave an undertaking that it was making all preparations to conduct the election. On that occasion, the Supreme Court refrained from making an order based on that undertaking by the EC.
On Tuesday, filing a special motion before Supreme Court, the EC informed the court that its effort to organise and conduct the Local Government elections has been obstructed since the required funds for the elections have not been provided by the Secretary to the Treasury due to financial constraints.
In its motion to the Supreme Court the EC said that, due to the failure of the Secretary to the Treasury to provide necessary funds for the election and the failure on part of the Government Printer to release the ballot papers for the election, it is unable to conform with the undertaking given to the court.
The EC then proceeded with the next administrative measures that effectively ended preparations for the poll on March 9. Commissioner General Ratnayake sent a letter to all District Returning Officers and Assistant Returning Officers with a list of instructions about the steps that needed to be taken.
These included suspension of overtime duties, termination of casual employees, releasing employees of other Government offices seconded for election related work, the return of vehicles obtained from other agencies and the operation of normal business hours at all district-based election offices.
Opposition political parties have protested against this chain of events saying it undermined the rights of voters to exercise their franchise. The main Opposition party, the Samagi Jana Balavegaya (SJB) staged a protest march in Colombo amidst heavy rain on Tuesday but this was dispersed by Police.
Chief Whip of the Opposition Lakshman Kiriella on Wednesday requested a debate in Parliament on the postponement of Local Government elections. Speaker Mahinda Yapa Abeywardena declined the request following a meeting of party leaders, as the ruling party opposed conducting such a debate.
Speaker Abeywardena also had to adjourn the sittings of Parliament briefly on Tuesday after Opposition Parliamentarians staged a protest against the postponement of the polls. They chanted slogans and held up placards demanding that the Local Government elections be conducted.
The Jathika Jana Balavegaya (JJB) which staged an intensive campaign for the polls also voiced its disapproval. The JJB claimed that the Government was attempting to avoid a poll as it feared that its outcome would demonstrate a decline in popularity for the two ruling parties, the UNP and the SLPP.
Lawyers for the JJB said officials responsible for the postponement could face legal action. Attorney-at-Law Sunil Watagala claimed that the Inspector General of Police, the Secretary to the Finance Ministry, Attorney General and Government Printer are liable.
While President Ranil Wickremesinghe has said he did not wish to be part of the Local Government elections campaign, his public statements provide an insight into his thinking regarding the conduct of elections at this time, when the country is faced with a multitude of economic challenges.
President’s remarks
Addressing the 32nd Rotary District Conference in Colombo last Saturday, the President emphasised the importance of economic recovery and improving the quality of life of citizens. “My first priority is the economy, my second priority is the economy, my third priority is the economy,” he said.
President Wickremesinghe said that democracy depends on the maintenance of law and order. Noting that without these essential components, democracy would be replaced by anarchy, the President assured the audience that he would do his utmost to prevent such a scenario from occurring.
The President said that following the country's economic recovery, next year it would be in a position to decide on the future it wants, with the use of the ballot. Many have interpreted these remarks to be a reflection of President Wickremesinghe’s thinking that the economy takes precedence at this time.
While it is now logistically not possible to conduct Local Government elections on March 9, there is yet no finality as to when they will be held. The duration of the postponement of the poll is uncertain as yet as are the legal and Constitutional implications of an indefinite postponement.
Political parties, particularly those in the Opposition, after having spent considerable time, expenses and resources for the poll will now have to reflect and regroup. If the polls are not held within 90 days, the nominations submitted by the candidates recently will be declared null and void.
For the Government though, the postponement provides some time and space to devote its energies to the economic challenges the country is faced with, as outlined by President Wickremesinghe who is aware that he will be judged by the economic recovery he delivers.
There will be an initial period of protests and campaigns as well as legal challenges launched by Opposition political parties against the postponement of the polls but President Ranil Wickremesinghe has clearly indicated that he is keen to accord the highest priority to the economy in the near future.
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