• Lawyers, activists & the EC cite need for public involvement to challenge subterfuge and skullduggery behind suffrage and polls-related delays and postponements 

In recent developments surrounding the upcoming Presidential Election, the filing of the Fundamental Rights (FR) petition by businessman Chamindra Dayan Lenawa, seeking an order preventing the calling of the Election until the Supreme Court (SC) delivers its interpretation on the Poll date, sparked significant debate. The move had drawn criticism from various quarters, with accusations that such moves are strategically timed to create confusion and disrupt the electoral process.

He had filed the said FR petition under and in terms of Articles 126 read with Articles 12(1), 82(6), 3, 4, 118 and 125 of the Constitution praying, inter alia, for a declaration that Article 30(2) should not be interpreted to be amended ab initio by Section 3 of the 19th Amendment to the Constitution and that accordingly, the Election Commission (EC) shall hold the next Presidential Election taking into account that the term of the office of the President is six years and for an interim order to be issued restraining EC members from taking any further steps in conduct a Presidential Election this year (in 2024) until the SC determines on his petition. In the petition, he argued that the 19th Amendment amended the relevant Section regarding the President's term. He contended that this Amendment reduced the President's term from six years to five years, specifically targeting the sitting President at the time, Maithripala Sirisena. However, he argued that any Amendment affecting the tenure of a sitting President should have been subjected to a public referendum under Article 12 of the Constitution, which did not take place in that case.

The Constitution states: "There shall be a President of the Republic of Sri Lanka, who is the Head of the State, the Head of the Executive and of the Government, and the Commander-in-Chief of the Armed Forces. The President shall be elected by the people, and shall hold office for a term of five years."  

An attorney by profession, U.K. Dassanayake, said that as elections approach, there have often been instances where various parties resort to legal actions based on vague or unclear reasons. She pointed out that most such actions are seldom aimed at promoting the welfare of the people or supporting democratic principles. "We've seen similar incidents in the past, such as when certain individuals filed legal challenges just before the Local Government (LG) Elections were to be announced. Now, we see this petition filed with very little time left before the declaration of the Presidential Election. It is a very simple question that we should ask: what benefit does this bring to the people or to democracy?" 

Emphasising that there has been ample time to challenge or highlight deficiencies in the clear constitutional provisions, if any, regarding the President's term of office, she said that the decision to take such measures at this late stage appears to be driven by hidden ambitions rather than genuine concerns for democratic processes. "If there were legitimate concerns about the constitutional provisions, they could have been addressed much earlier. By waiting until the last minute, these actions seem to be strategically timed to create confusion and disrupt the electoral process."

The President's Media Division (PMD) issued a media release last week, clarifying that the petitioner, Lenawa, did not consult President Ranil Wickremesinghe or his lawyers before filing the FR petition in question. The statement emphasised that the President firmly believes that the President's term is five years and supports the EC's decision to hold the Presidential Election this year. However, this statement has been met with ridicule from various parties. Critics question why the President felt the need to clarify his non-involvement with the FR petition if he is not connected to it in some way. This scepticism has been fuelled by statements from several of his associates, including United National Party (UNP) Parliamentarian Wajira Abeywardana and UNP General Secretary Palitha Range Bandara, who have occasionally suggested extending the President's tenure through a referendum or other means, instead of holding the Presidential Election. Critics including Opposition political groups argue that despite the official denial, there seems to be an underlying intent to extend Wickremesinghe's tenure beyond the constitutional limit.

A member of the Jana Aragala Movement, Tharindu Uduwaragedera also voiced strong criticisms against the efforts aimed at postponing Elections, emphasising the crucial role that the civil society and ordinary citizens must play in safeguarding democracy. Speaking to The Daily Morning, he pointed out that civil society interventions against election related postponements have a long history, with many organisations actively working to prevent such delays. Despite their efforts, he charged that such organisations have not managed to stand up during certain crucial events. "We have seen the Provincial Council (PC) Elections postponed, the LG Elections postponed, and in all these cases, civil society organisations have given somewhat lukewarm responses," he remarked, criticising certain civil organisations for allegedly adopting a double standard when it comes to the actions of Wickremesinghe. "The current President's approach is to postpone Elections using various tactics such as introducing electoral reforms. We have seen civil organisations working with him by submitting their proposals for such reforms, while their responses to postponements have been lacklustre," Uduwaragedara stressed, noting that the protection of democracy should not rest solely on the civil society or elite groups. "All the people who have struggled over the past should know that it is their responsibility to protect democracy. The opposition to these undemocratic actions should come from ordinary people. It is not good to wait for the elites to protect us. People should be more vocal and proactive against any attempts to postpone elections," he urged.

When contacted by The Daily Morning, EC Chairperson R.M.A.L. Rathnayake expressed his dismay over individuals who seek to delay elections by various means including legal applications. He highlighted the unfortunate reality that ordinary citizens often lack the means to file such lawsuits or resist these actions, while certain individuals pursue these legal challenges with vested interests, which he views as a significant injustice to the majority of the people. "We cannot prevent anyone from going to court and filing cases. However, it is crucial for the people themselves to reflect on their actions. Those who are endorsing delaying Elections are essentially challenging their own right to vote. They must ask themselves whether these actions truly represent the views and interests of the majority."

A political activist based in Deniyaya, Sagara Suren Ediriweera emphasised the crucial responsibility of every party to ensure the voting rights of the people. Highlighting the lingering impact of the indefinitely postponed LG Elections last year (in 2023), he stressed the need to revive what he claimed to be the decaying democratic features. He said that every party such as the EC has a significant responsibility to ensure the voting rights of the people, especially those who are still affected by the unpleasant memories of the LG Elections. He stressed that fulfilling this responsibility would not only meet their duty but also help revive the democratic features that seem to be gradually decaying. "When discussing the postponement of elections, we don't need to look too far into the past. Just last year, the LG Elections were postponed indefinitely. I'm surprised that many people have forgotten this, or seem to have forgotten it. What is hidden behind these postponements is the suffrage that the people have won through many struggles. The parties responsible for this should be ashamed, and we, as citizens, should also feel a sense of shame for allowing it to happen." He added that the relevant institutions must ensure that the Elections are held as scheduled. He also highlighted the importance of the public's role, stating that it is essential for the people to raise their voices against even the slightest attempt by anyone to suppress their voting rights.

The FR petition filed by Lenawa was dismissed by a five-Judge SC bench headed by Chief Justice, President's Counsel (PC) Jayantha Jayasuriya yesterday (8). The SC concluded the hearing of the FR petition and the intervening petitions, and the verdict was announced at 12.30 p.m. The five-Judge bench also included Vijith Kumara Malalgoda PC, Murdu Fernando PC, Preethi Padman Surasena, and S. Thurairaja PC. Additionally, four petitions for intervention had been filed by several parties including the main Parliamentary Opposition, the Samagi Jana Balawegaya, the Janatha Vimukthi Peramuna led National People’s Power, the Bar Association of Sri Lanka, and former Inter-University Students' Federation Convenor Wasantha Mudalige.