• Cites financial restrictions in hiring non-partisan lawyer

The Election Commission (EC) is unlikely to initiate legal action against Finance, Economic Stabilisation and National Policies Minister, President Ranil Wickremesinghe and the Secretary to the said Ministry and General Treasury, Mahinda Siriwardana over the non-release of funds required to hold the Local Government (LG) election, The Daily Morning learned.

In the wake of certain Opposition political parties having expressed their willingness to provide legal assistance to the EC to take legal action against the non-release of required funds for the LG election, the EC stated that as an independent Commission, they cannot obtain the support of political parties or lawyers associated with them.

Following a meeting held with the EC on 23 March, Attorney-at-Law Sunil Watagala, who represents the Janatha Vimukthi Peramuna led National People's Power, said that political party representatives had informed the EC that they were ready to provide legal assistance for the EC to go before court against Wickremesinghe and Siriwardana.

When queried by The Daily Morning as to whether the EC would seek such legal assistance, EC Chairman, Attorney Nimal G. Punchihewa said that it is not possible for the EC, which is an independent Commission, to obtain support from political parties or lawyers associated with them. "Although the political parties say these things for propaganda, they do not take place. Even if it happens, it is not good for the EC. If we obtain their support, we might be seen by the people as pawns of political parties. The lawyers might not be working with political agendas, but the fact that the EC is an independent Commission should be reflected in all aspects. We have to show that we are not linked with the Government or the Opposition," he said.

Speaking further, Punchihewa said that the EC should instead be represented by lawyers who are not affiliated with party politics if they were to file a case, but that the lack of funds would affect hiring such a lawyer too. "There are many aspects that we, as a Commission, have to consider when making decisions. How much criticism was there when we hired President's Counsel Saliya Pieris to represent us in court? We hired him as the Attorney General refused to appear on behalf of the EC. Pieris was the President of the Bar Association of Sri Lanka at that time, the latter which is an independent body. That is why we hired him. Even then we had to face various criticisms. So, what will happen if we obtain support from a political party or a lawyer associated with one?," he said further. 

Although the LG election was scheduled to be held on 9 March, the Finance, Economic Stabilisation and National Policies Ministry and the General Treasury had not released the required funds to the EC. The EC then rescheduled the LG election to 25 April, and the postal voting to today (28), tomorrow (29), 30 and 31 March and 3 April, 2023, but the required funds have not yet been released, despite an interim order issued by the Supreme Court preventing Siriwardana from withholding the relevant funds. Against this backdrop, the EC, on 23 March, again decided to not hold the postal voting related to the LG election as scheduled.