Ex-EC chief says allowing public representatives to control LG bodies after term lapse not people’s mandate

• Says 2017 court order found that extending term of LG bodies is in violation of constitution
• Stresses that delaying elections and controlling of LG bodies by officials are both unacceptable circumstances
• Former ECSL member Prof. Ratnajeevan Hoole says delaying polls and allowing existing public representatives to control LG bodies is not democracy
• SLPP says it will take necessary legal steps to ensure control of LG bodies remains under existing public representatives even after lapse of their term 

Former Elections Chief Mahinda Deshapriya says allowing public representatives of Local Government bodies to continue in their positions does not reflect the people’s mandate. 

“Already their term was extended by one year. The people voted for them only for a term of four years. They have remained in power through an extension provided by the subject minister,” he said. 

Deshapriya said there is a judgement delivered by the court relating to the tenure of Provincial Councils in 2017 which found that extending the term of Local Government bodies is in violation of the constitution.  “Then how can the current Chairmen and councillors continue in this manner?” he asked. “But in case SC FR No. 35/2016 it says allowing for the control of Local Government bodies by officials is unsuitable,” he noted. The former Chairman of the Election Commission stressed that delaying elections and the controlling of Local Government bodies by officials are both unacceptable circumstances.  Meanwhile, expressing his views on the issue, former ECSL member Prof. Ratnajeevan Hoole said delaying polls and allowing existing public representatives to control Local Government bodies is not democracy.  w“Funds must be given to hold the polls. The President must not withhold funds. This is not democracy. Allowing the current chairman to continue is similar to allowing the old Local Government bodies to continue. I do not know why Ranil Wickremesinghe, a person who is well knowledged about democracy is carrying out such an act.  This is a great mistake,” he said while speaking to the media yesterday. 

Last week the ruling party, the Sri Lanka Podujana Peramuna (SLPP) said it will take necessary legal steps to ensure the control of Local Government bodies remains under existing public representatives even after the lapse of their term. 

The sentiment was expressed by leaders of the party at a meeting held with its Local Government heads last week under the leadership of SLPP National Organiser Basil Rajapaksa at the party headquarters in Nelum Mawatha. Addressing the media following the meeting, SLPP MP Namal Rajapaksa said the party is of the stance that existing members must continue to control the Local Government bodies instead of other officials appointed to carry out the relevant tasks. 

Rajapaksa said if the lapse of the term results in the control of the public bodies being transferred to unelected officials it would affect the sovereignty of the people. He said therefore the party during the meeting discussed how it would face such an eventuality. 

The official term of 340 Local Government bodies ended at midnight yesterday. Accordingly, the term of 29 Municipal Councils, 35 urban councils and 275 divisional councils has now ended.  The current term of public representatives of the Local Government bodies began on 20th March 2018 following elections and its term was extended by the subject minister for a period of one year last March. According to the existing legal provisions, the subject minister is not empowered to extend the term further.