• EC says his apology will suffice
• Dinesh says order to halt was not given by Cabinet
• AKD/Sajith claim order did come from Cabinet 

Although there have been appeals to the Election Commission (EC) by political parties and election monitors to seek legal advice in regard to a letter by a Ministry Secretary ordering the halt of the collection of Local Government (LG) electoral deposits, there will be no action taken by the EC against said Ministry Secretary, as he had tendered an apology in person, The Morning learnt.

When contacted by The Morning to confirm if there would be any further action taken in this regard against Secretary to the Ministry of Public Administration, Home Affairs, Provincial Councils, and Local Government Neil Bandara Hapuhinna, EC Chairman Attorney Nimal G. Punchihewa said yesterday (17): “He had come here and apologised and it is therefore over. What more is there for us to do?.”

Meanwhile, Prime Minister Dinesh Gunawardena, yesterday, said in Parliament that there was no Cabinet decision taken to issue such a letter in regard to deposits and claimed that it is, therefore, misleading news. 

“At every Cabinet meeting, we discuss issues in the country. Therefore, if anyone had said that, it is false news. At no instance have we taken decisions to halt the relevant election,” he added. 

He said so while responding to a question posed by Leader of the National People’s Power, Opposition MP Anura Kumara Dissanayake, who queried if a Cabinet, which includes prominent lawyers, had taken a decision to issue an order to the EC to suspend the election and whether it was decided that Hapuhinna would issue such a letter, because the letter issued by Hapuhinna addressed to the District Secretaries is entirely unconstitutional. 

“Elections are relevant to returning officers. The EC appoints these officers. Sometimes, District Secretaries and Divisional Secretaries too are appointed as such officers. When these officers are appointed by the EC, Hapuhinna is issuing an order to the District Secretaries to suspend election-related activities and the acceptance of deposits. They are answerable to the EC. But the letter sent by Hapuhinna states that it is a decision taken by the Cabinet. Therefore, was there a decision taken by the Cabinet to issue an order to the District Secretaries through Hapuhinna to suspend nominations and deposits?” he queried. 

He further said that the Cabinet takes major decisions with regard to the country. “These decisions are given to the relevant Ministers and Secretaries by the Secretary to the Cabinet. His endorsements become decisions of the Cabinet. It is not passed through the Minister. Official powers to the decisions are given once it is referred by the Cabinet Secretary. If he is conveying decisions that were not taken by the Cabinet to the relevant institutions, what is happening to this country? Therefore, this is serious,” he added.

Meanwhile, Opposition and Samagi Jana Balawegaya Leader Sajith Premadasa said: “This letter is being sent to the returning officers as a decision taken by the Cabinet. This is not a personal decision of Hapuhinna. Hapuhinna, as a State official and the Ministry Secretary, is sending it as a Cabinet decision. We want to ask if the Cabinet took such a decision. Give a straightforward answer,” he said.

While addressing the media on Monday (16), Sri Lanka Podujana Peramuna (SLPP) Chairman Prof. G.L. Peiris said that there a Ministry Secretary has no right to issue such an order. “There are constitutional provisions to provide absolute independence to the EC. It is an independent institution. Therefore, the Executive has no connection to this. Hence, if unlawful orders are being implemented, any State official is individually answerable. We know that there is a written request to the Attorney General to take legal action against Hapuhinna. He had apologised. He should apologise before the relevant court while accepting responsibility for his action.”

On 9 January, Hapuhinna, in a letter addressed to all Returning Officers, instructed them to stop accepting deposits placed by candidates for the LG election until further notice, citing a decision taken by the Cabinet.