EC says PC election possible minus delimitation process

• Election Commissioner tells Court of Appeal willing to conduct Provincial Council polls even without delimitation process being completed

By S.S. Selvanayagam

The Elections Commissioner yesterday indicated to Court of Appeal that he is, in principle, willing to conduct Provincial Council Elections without the delimitation process being completed.

Two Writ Petitions have been seeking the Court of Appeal to direct the Election Commission to forthwith take measures to conduct the Provincial Councils Elections whose terms of office have expired.

The petitions came up before the Bench comprising Justices Yasantha Kodagoda (President, CA) and Arjuna Obeysekera.

President’s Counsel Sanjeeva Jayawardena appearing for the petitioner Chief Ministers in his submission brought to cognisance that in terms of the Provincial Council Election Ordinance, that commencement upon expiry the term of office of a Provincial Council by effluxion under Article 154 E of the Constitution, the Election Commissioner can act under Section 10 of the Provincial Council Election Ordinance and give notice of the conduct of the election without recourse to delimitation process which would otherwise result the delay of the conduct of the election and the people’s franchise.

Petitioners G. A. Mahipala Herath, the former Chief Minister of Sabaragamuwa and S.M. Ranjith, the former Chief Minister of North Central, cited Chairman Mahinda Deshapriya, Members N. J. Abesekere and Prof. S. R. H. Hoole of the Election Commission, members of the Committee to Review the Delimitation Report of Electorate in Provincial Councils and others as Respondents.

Uditha Egalahewa PC with N.K. Ashokparan appeared for the Election Commission. Senior State Counsel Uresha Fernando appeared for the Attorney General.