FM Sarath Fonseka Not Entitled To Be A Parliamentarian

By Faizer Shaheid –February 4, 2016

Faizer Shaheid

Death is often not an instance of merriment for any, unless you are one who is aspiring for a parliamentary seat. In this country of dirty politics and sagacious politicos, it is quite easy to manipulate the law to fool the people. However, as Abraham Lincoln once said, “You can fool all the people some of the time, and some of the people all the time, but you cannot fool all the people all the time”.

In this particular instance, the death is of a veteran Politico, M. K. A. D. S. Gunawardana, who entered Parliament through the United National Front for Good Governance (UNFGG) National List. He who looks to make merry from his death is none other than Field Marshal Sarath Fonseka, who had contested under the flaming torch symbol in the last Parliamentary Election and lost.

Following the death of Gunawardana, speculation was rife that FM Fonseka would be appointed to his seat, even while Kabir Hashim, General Secretary of the United National Party (UNP), which is the main constituent party of the UNFGG, maintained suspense. However, now that the position of the UNP has been made clear, the legal position of his appointment is also mandatory.

Disqualification

Any person who is entitled to be an elector can be an MP, unless he is rendered ineligible as according to the grounds stipulated in Article 91 of the Constitution. Under Article 91 (1) a person is ineligible to become an MP if he is disqualified to be an elector. A person ordinarily serving a conviction, or has served a conviction in the last seven years would generally not be capable of being an elector, but FM Sarath Fonseka is no ordinary person. He is one who has received a presidential pardon, and such person who has received an absolute pardon from the President is exempt as according to Article 34.            Read More