• EC admits difficulty to address dual citizenship in nominations
• Shifts responsibility to candidates and parties amid growing concerns

The Elections Commission (EC) yesterday (12) conveyed that it lacks the capacity to decline nominations from individuals possessing dual citizenship due to the decision-making process being constrained by a limited timeframe.

With former State Minister of Tourism Diana Gamage losing her Parliamentary seat due to her UK citizenship being revealed through relevant judicial proceedings, discussions have arisen regarding dual citizens serving as MPs, and the upcoming election period.

When contacted by The Daily Morning, EC Chairperson R.M.A.L. Ratnayake said that it is almost not possible for them to investigate the dual citizenship status of candidates during the nomination acceptance process. Even if such information were known, he said that the EC lacks the authority to reject a nomination based on that ground.

 "The rejection criteria outlined in the relevant legal provisions are mainly technical in nature. Identifying dual citizenship within the mere one hour period of nomination acceptance is not possible. Even if an objection regarding dual citizenship arises during nomination acceptance, we cannot verify it before announcing the nomination results. The focus during this process is primarily on verifying signatures, names, and other basic details provided on the nomination papers. Any incident of a dual citizen holding a Parliamentary seat should be dealt with by judicial proceedings."

Ratnayake also explained the responsibility lies with the candidates and political party secretaries to avoid such issues. "As it stands, we lack the means to substantiate such claims, and the process of identifying a dual citizen is challenging and time-consuming. The responsibility lies with both the individual in question and the political party secretary. If someone holds dual citizenship, they should be honest to themselves and not contest for elections. The party secretaries should also refrain from endorsing individuals who are suspected to be dual citizens. They (secretaries) have ample time to do it."

On 8 May, the Supreme Court declared that Gamage is ineligible to hold a Parliamentary seat. The three-judge bench headed by Justice Janak de Silva reached this decision following the conclusion of an appeal challenging the dismissal of a petition against her Parliamentary membership by the Court of Appeal (CA). Social activist Oshala Herath had filed the relevant appeal two weeks after his initial petition regarding Gamage's Parliamentary seat and citizenship was dismissed by the CA.