A Brief Colonial History Of Ceylon(SriLanka)
Sri Lanka: One Island Two Nations
A Brief Colonial History Of Ceylon(SriLanka)
Sri Lanka: One Island Two Nations
(Full Story)
Search This Blog
Back to 500BC.
==========================
Thiranjala Weerasinghe sj.- One Island Two Nations
?????????????????????????????????????????????????Sunday, May 14, 2017
Sri Lanka: Unseating of Geetha — Will it spiral out of control?
Since Geeta’s nomination has been rejected on the grounds that she was not qualified to contest elections at the time she signed the nominations, the same rule would apply in this instance as well.
( May 13, 2017, Colombo, Sri Lanka Guardian) Galle
district parliamentarian Geetha Kumarasinghe was recently declared to
be disqualified from being a member of parliament by the Court of Appeal
on the basis of a provision introduced to the Constitution via the 19th
Amendment, disqualifying dual citizens from becoming MPs. This
provision was tagged on to Article 91, which lists the disqualifications
to be elected or to sit in Parliament. Article 66 of the Constitution
says that an MP’s seat will become vacant if among other things, he
becomes subject to a disqualification under Article 91.
Section 115 of the Parliamentary Elections Act (No. 1 of 1981) states
that disqualification under any written law for election or for sitting
and voting as a Member, whether before or after the election of the
Member, of any person or persons nominated by a recognised political
party or independent group for election at that election, shall not
invalidate or in any way affect the nomination paper of that party or
group, and, accordingly, the candidature or election of any other person
nominated by the party or group on that nomination paper shall not be
invalidated by reason only of the fact of the death, withdrawal or
disqualification of such person or persons.
The government appears to be relying on the above provisions in the law
to restrict the disqualification of Kumarasinghe just to her, leading to
her surgical removal from Parliament to be replaced by Piyasena Gamage.
Following the verdict of the Court of Appeal, the Secretary General of
Parliament has already written to the Elections Commission, that her
seat has fallen vacant. The matter is now before the Supreme Court.
Dr Pratiba Mahanamahewa, Senior Lecturer in law, and former Human Rights
Commissioner has a different take on the matter. Article 99(13) of the
Constitution provides for the filling of vacancies in Parliament by
nominating the candidate who received the next highest number of
preferential votes on the relevant list, for vacancies created in the
event of Members resigning from their parties or being expelled
therefrom or any vacancies occurring in terms of Article 66.
Article 66 of the Constitution provides for the ways in which a
parliamentary seat may fall vacant. However, 66(g) – instances where the
election of a sitting MP is declared void in terms of a law in force –
is expressly exempted from the application of Article 99(13) of the
Constitution.
On this basis, Dr Mahanamahewa argues that what should happen in the
event of Kumarasinghe being declared unqualified is the entire list of
the UPFA being rejected. Neither the Constitution nor the Parliamentary
elections Law says what should be done in instances falling under
Article 66(g) – where the election of a sitting MP is declared void in
terms of a law. Depending on the interpretation that the Supreme Court
gives on this matter, things could be much messier than the government
anticipates. Mahanamahewa points out that under the present
Constitution, the ‘constituency’ or the ‘electorate’ that elects MPs to
Parliament is the District, and there are no individual electorates as
under the first past the post system. As such Kumarasinghe is not the MP
for Bentara-Elpitiya, but for the Galle District. She was elected not
as an individual nominated for that district but as one member of a list
submitted by her party. The party secretary signs the entire nomination
paper and not just the nomination paper of Kumarasinghe. If Geetha is
disqualified from contesting elections to parliament at the time she
signed the nomination paper, the entire nomination list should be deemed
to have failed.
Readers will recall that some years ago, the entire UNP nomination list
for the Colombo Municipality was rejected because one of the candidates
on the list was not qualified to contest elections and, therefore, the
nomination paper had not fulfilled the requirement that it should have
the proper number of candidates. Since Geeta’s nomination has been
rejected on the grounds that she was not qualified to contest elections
at the time she signed the nominations, the same rule would apply in
this instance as well. Given the suspicion that there are many dual
citizens among the MPs in Parliament and the election of all of them
would now be open to challenge, things are likely to spiral out of
control. The most important thing to watch would be how the SC
interprets Article 99(13) of the Constitution and the exemption of 66(g)
from the application of that Article.