BASL decries attempts by State to prevent polls

• Expresses deep concern; warns move could set a bad precedent 
• Says it is an unprecedented attack on democracy and the rule of law

The Bar Association of Sri Lanka (BASL) releasing a statement has expressed their deep concern about the recent attempts by state officials to obstruct the local Government elections that were scheduled to take place on 9 March.

Stressing that elections must not be hindered as they are a vital part of Sri Lanka’s democratic process. The organisation said attempts to prevent elections mandated by the law represent an unprecedented attack on democracy and the rule of law and pose a grave threat to the electoral process in the future.

It warned that such actions could set a dangerous precedent for an unpopular executive or legislature to obstruct the allocation of resources for an election and prevent the people of Sri Lanka from choosing their representatives and leaders.

The BASL in its statement pointed out that Articles 104 B (2) and 104 GG (1) of the Constitution make it clear that all state authorities are duty-bound to cooperate with the Election Commission and that refusing or failing to do so is a criminal offence punishable with imprisonment.

It also highlighted that under Article 33 (c) of the Constitution, the President, too, is empowered to ensure the creation of proper conditions for the conduct of free and fair elections, at the request of the Election Commission.

BASL said it is of the view that attempts to interfere with the electoral process must not only be defeated but all those responsible for such interference must be dealt with in accordance with the law.

The BASL called on the Government and all state officials to respect the Constitution and the law and to ensure that the local Government Elections are held as scheduled without any further attempts to disrupt or interfere with the process. The BASL said it is the sacred duty of the Government to make sure that funds are provided for conducting the elections.

Recalling several decisions taken by the Government in recent weeks, purportedly aimed at managing public funds, have had the effect of preventing the Election Commission from conducting the polls, the BASL said these include a demand by the Government Printer for the release of funds prior to the printing of ballot papers and the Treasury Secretary claiming that there are no funds available for the elections.

“This is despite a budget allocation of Rs. 10 billion for the purpose of elections.”

BASL calling the conduct of the Treasury Secretary, the Government Printer and other Government officials and institutions over the last few weeks a clear demonstration of a concerted effort to bring the elections to a halt, said their actions not only undermine the franchise of the people but also endangers the sovereignty of the people of Sri Lanka.