Lawyers raise questions on legality of fixing 20 June election date

• Constitution requires election to be held within three months of dissolution
• Parliament was dissolved on 2 March, must meet by 2 June latest

The decision by the Election Commission (EC) to fix 20 June as the date of the General Election, which is after the constitutionally mandated time limit of three months from the date of dissolution, has led to questions being raised by many in the legal profession.

“The EC fixing the election for June 20 is beyond the mandatory 3-month period from dissolution which ended 2 June. Although the President may by subsequent proclamation vary the date for 1st meeting of Parliament that still has to be within the 3 months. Legality?” well-known Attorney-at-Law Nigel Hatch PC questioned in a Twitter post yesterday.

Former TNA MP M.A. Sumanthiran PC also questioned the EC decision in a television interview yesterday, and argued that the new election date, being three months after Parliament was dissolved on 2 March 2020, renders the Presidential proclamation dissolving Parliament invalid.

The EC too raised the same question earlier this month by writing to President Gotabaya Rajapaksa, suggesting he refer the matter to the Supreme Court.

However, the President’s Secretary wrote back, saying that the question of reference to the Supreme Court in terms of Article 129 of the Constitution does not arise, and requested the EC to carry out its responsibility of fixing a date for the election.