• This is Part I of a two-part series. The second part will be published in an upcoming issue of The Daily Morning

Uncertainties about conducting elections in Sri Lanka emerge from time to time. The rulers who were in power and are in power, changing the electoral map for their survival, disregarding the democratic rights of the people, has been the main reason for that. 

It is not surprising that the majority of the people of this country have doubts and apprehensions about the holding of elections on  scheduled dates due to several  experiences that they have encountered in the past, such as: The postponement of the Parliamentary Election by a referendum held during the term of office of President J.R. Jayewardene in 1982; conducting the Provincial Councils (PC) polls from 1988-2015 and the Local Government (LG) polls from 1991-2018 on a staggered basis, for the advantage of the parties that held the ruling power; holding the 1988, 1999, 2010 and 2015 Presidential elections in advance; delaying the LG polls during 2015-2019 by two and a half years using electoral reforms; the postponement of the PCs elections for more than five years to date through an amendment during the same period to the PC electoral system adopted according to a  proposal made by the current President (Ranil Wickremesinghe); and the postponement of the LG elections last year (in 2023) for more than a year to date by not releasing  funds approved by the Parliament for conducting the LG polls, as per the discretion of the current President (Wickremesinghe). Even at this moment, many people are of the view that it is most likely for the elections to be postponed using some tactics. The present dialogue between the two Governing Parties (the Sri Lanka Podujana Peramuna and the United National Party) is analogous to that.

It is not a debate about democracy or the people's right to vote. It is a dialogue about which election should be held first and which party would benefit from that. So much so, in reality, it will ultimately end up in making victorious the most formidable party in the power struggle, albeit in the name of democracy, the people and the country. Under the circumstances, the object of this article is to alleviate, to some extent, the anxiety and doubts of the people and the politicians about the future elections.

Does the Prez or the Govt. have the power to decide the date of the Prez Poll?

The Constitution clearly specifies two instances in regard to the holding of the Presidential Election.

1. Upon a proclamation made by the President declaring his/her intention to hold a Presidential Election one year before (it was two years before the 19th Amendment to the Constitution was passed) the expiry of the official term of office of the President. This is as per Sub-Paragraph (3A) (a) of Article 31 of the Constitution of 1978).

2. The Election is held as usual at the end of the official term of office of the President. This is as per Sub-Paragraph (3) of Article 31 of the Constitution of 1978).

According to the Constitution, a President who has been elected for a five-years term by the direct vote of the people has the power to call a Presidential Election, at his/her discretion, one year prior to the expiry of his/her term of office (after completing a four-years term; prior to the 19th Amendment, the tenure of the President was six years and calling for a Presidential Election was possible two years before the expiry of the official term). When the President makes the announcement, the Commissioner of Elections shall be required to conduct a Poll for the Election of the next President as per Article 31 (3A) (a) (ii) of the Constitution.

But, the incumbent President (Wickremesinghe) is not one elected directly by the people; hence, he has no discretion whatsoever over it. According to the provisions of the Constitution, even if he resigns, there is no possibility of going for an election except appointing someone else for the rest of the term.

Elections held after the expiry of the term of office of the Prez

According to the Constitution, the powers of conducting the upcoming Presidential Election rest with the Election Commission (EC) because it is an election held after the expiry of the term of office of the President. As per Sub-Paragraph (3) of Article 31 of the Constitution, the new President must be elected within a period not less than one-month and not exceeding two-months before the end of the term of office of the incumbent President. 

Also, according to the provisions of Section 2 of the Presidential Elections Act, No. 15 of 1981 as amended by Act, No. 16 of 1988, for the Election of the President, a date not less than 16 days and not more than 21 days should be declared for the acceptance of nominations following the announcement of the date of the Election. A minimum of four weeks and a maximum of six weeks should be allocated for campaigning purposes after receiving nominations. Also, within two weeks after receiving the nominations, the EC should announce the symbols of the respective candidates and the date of the election by a special gazette notification. The date of the Election shall be any day other than a Full Moon Poya Day or any public holiday specified in the First Schedule to the Holidays Act, No. 29 of 1971. In deciding the dates for elections, the EC takes into consideration the days of religious and cultural importance, national examinations and other special matters.

Accordingly, the timeline of the election can be arranged as follows: 

1. The current President's (Wickremesinghe) term ends on 18 November 2024

2. Accordingly, the new President should be elected by 17 October, 2024. Considering the time it takes to count the votes and announce the results, it will most likely be a date before 15 October. The determination of that date is the exclusive power and right of the EC

3. The date of nomination should be a date between 16 days to 21 days from the date of the announcement of the Election. Also, time should be allocated for submitting objections for nomination if any, from 9 a.m. to 11.30 a.m.

4. The campaigning period shall be minimum 28 days and maximum 42 days from the date of the receipt of nominations. Accordingly, the entire election process will take 63 days (21 plus 42) if the election is announced taking the maximum time or 44 days if the minimum time is taken (16 plus 28)

On the assumption that the EC will hold the Election on 17 October, and the entire process will take the maximum number of days that is 63 days, then, the announcement of the election would be made in the second week of August, and if it is based on the minimum number of days, the announcement of the Election might be in the first week of September.

Assuming that the EC conducts the Election on 18 September and takes the maximum timeline, then, the announcement of the Election could be at the beginning of the third week of July. Also, on the assumption that the Election will be held on 18 September, and takes a minimum of 44 days, then, the Election should be announced in the first week of August.

Accordingly, the announcement of the election can be made at any time on a date from the third week of July to the first week of September, regardless of the basis of calculation.

The following table will provide an insight into the announcement of the previous Presidential Elections and the dates allocated for each component of activity can be understood from the table below.

(The writer is the Executive Director of the People’s Action for Free and Fair Elections and the Chairperson of the Asian Network for Free Elections)

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The views and opinions expressed in this article are those of the author, and do not necessarily reflect those of this publication.