With the Supreme Court’s (SC) ruling that the Election Commission (EC) conduct the Local Government (LG) Polls as soon as possible, Sri Lanka is likely to face a wave of elections.
Given the context of the upcoming Presidential Poll, this ruling spotlights the possible series of elections likely to follow amid the current state of the economy.
Commissioner General of Elections Saman Sri Ratnayake told The Sunday Morning on Wednesday (28 August) that as per the SC judgment, the LG Polls could be held and that the EC was undertaking the necessary activities for this.
“The SC has directed us to conduct the LG Polls as soon as possible while considering the completion of other legally required elections,” he said, noting that the EC would act in accordance with the ruling.
Similarly, affirming that the EC had the capacity to conduct multiple elections this year, EC Chairman R.M.A.L. Rathnayake said: “If we receive the funds, we can conduct another election this year. There is no obstacle to holding another election.”
He further stressed that while he was unable to predict which elections would be held, the LG Elections would have to be held this year as per the SC judgment, while if Parliament was dissolved, Parliamentary Elections would also have to be held this year.
When asked when both these elections were likely to be held this year, he said: “We can only say that when it happens. For instance, if Parliament is dissolved, the notice itself will contain the date for accepting nominations and the election date. The election will have to be held on that date.”
Elections timeline
The likeliest scenario is for Parliamentary Elections to follow the Presidential Election, Institute for Democratic Reforms and Electoral Studies (IRES) Executive Director Manjula Gajanayake told The Sunday Morning.
“Since we are in the middle of a critical election, we can’t expect the LG Elections to be conducted during this time frame. After the Presidential Election, whoever wins is likely to dissolve Parliament. Therefore, I assume that Parliamentary Elections will follow soon after the Presidential Election. If so, considering the critical nature of the elections, the EC will prioritise the Parliamentary Elections.”
He added that the EC could conduct the LG Polls soon after the Parliamentary Elections.
Should this be the outcome, given the country’s economic situation and other practical issues in holding successive elections, Gajanayake offered the prediction that LG Elections would perhaps take place in January or February 2025, following the Parliamentary Elections.
Addressing the preparations needed for these upcoming elections, he said that the primary step would be to update the electoral registry. Accordingly, for LG Elections, electoral registries have to be adjusted according to the size of the local authority.
When it comes to Parliamentary Elections, voter lists will be prepared according to the electorate, after which a survey needs to be done on a twofold basis – an audit of public officials and vehicles. Further, the EC will also take some time to complete procedural-level tasks.
Accordingly, Gajanayake noted that it would take 3-4 months of work to conduct a single election. Given this context, he noted that while the SC’s directions had to be followed, the wording of ‘soon’ meant that the EC should conduct the election the very moment it was able to.
“September will be set aside for the Presidential Election, while October, November, and December can be taken for the Parliamentary Elections if Parliament is dissolved. If not, they can conduct the LG Elections.
“My understanding is that soon after the Presidential Election, the EC will be ready to conduct the LG Polls without considering whether the new president will dissolve Parliament. However, if Parliament is dissolved, the EC will change direction. Otherwise, October would be a realistic month to call for LG Polls.”
He expressed the belief that funding would not be an issue for the potential elections following the SC judgment since any attempts by the Finance Minister to withhold money for the elections would amount to contempt of court.
Practical issues
Meanwhile, speaking to the media after the SC judgment, People’s Action for Free and Fair Elections (PAFFREL) Executive Director Rohana Hettiarachchi said that the country could expect a “wave of elections” soon after the conclusion of the Presidential Election – Parliamentary, Local Government, and even Provincial Council Elections.
“In the upcoming period of six months to one year, we expect that Sri Lankan citizens will be able to elect their preferred rulers, from Local Government to presidential level.
“Nominations have already been called for LG Polls, and the EC has commenced the process. But the commission will have to determine the campaign period – it will possibly start with a new campaign period.
“Since the LG Polls were postponed, the EC can decide whether to have a new campaign period or say that since it has been ongoing for almost a year, they can decide a date for the election immediately after the Presidential Election. Calling for nominations again is not necessary since they’ve already been called. Therefore, we can hold elections for all 341 local authorities.”
While he said there was no obstacle to holding LG Polls soon after the Presidential Poll as per the SC judgment, echoing Gajanayake, he too noted: “The only challenge may be if Parliament is dissolved immediately after the Presidential Election. The EC will then have to decide which will be held first. It’s at the EC’s discretion. If the president dissolves Parliament, the LG Polls could also be held after the Parliamentary Elections.”
However, he noted that there would be certain practical issues with holding LG Elections, given the changed landscape of allegiances. “The EC can technically proceed with the existing nominations,” he said, noting: “Certain parties which have established coalitions during nominations have now separated into various groups. We don’t know what will happen after the elections.”
Addressing fund availability for elections, EC Chair Rathnayake said: “We had set aside Rs. 8 or 9 billion for the LG Elections, and of that, almost Rs. 1 billion has been spent. The remainder will be required. For the Parliamentary Election, roughly Rs. 11 or 12 billion will be required. Regardless, the Parliamentary Election will require a sum greater than what is required for the Presidential Election.”
Meanwhile, Treasury Deputy Secretary Priyantha Rathnayake told The Sunday Morning on Friday (30) that no request had been received from the EC for these elections yet, but that any future request would warrant an internal discussion to consider the provision of funds.
The recent ruling by a five-member bench of the apex court in response to Fundamental Rights petitions filed by the Opposition and civil society groups criticised the President’s conduct for violating constitutional rights.
The court rejected the argument that the March 2023 Local Government Polls could not be held because the Treasury was unable to fund election expenditure amidst the country’s economic crisis, stating that the Treasury had not provided sufficient evidence to support this claim.
Accordingly, the SC has directed the Treasury to allocate the necessary funds for the LG Elections, emphasising that the polls must be conducted by the EC without interfering with the upcoming Presidential Election.