The Election Commission (EC) yesterday (29) stated that while it had received the legal advice sought from the Attorney General’s (AG) Department on whether it has the power to declare the Local Government (LG) election following the adoption of the 21st Amendment to the Constitution, it is however, not in a position to reveal the advice received, noting that a decision will however be taken following internal discussions.

Speaking to The Morning, EC Chairman Attorney Nimal Punchihewa emphasised that although the EC had sought advice from the AG’s Department, the advice received cannot be revealed even under the Right to Information Act, but added that the EC would hold internal discussions to make the relevant decisions.

“We are not in a position to reveal it to anyone. It is an internal matter. We will discuss within the EC and make a decision. Even under the RTI Act, the AG’s opinion cannot be revealed,” he added.

Meanwhile, the People’s Action for Free and Fair Elections (PAFFREL), a polls monitor, wrote to the EC on Monday (28) claiming that it is unnecessary to seek the AG’s opinion in this regard, and pointed out that EC Chairmen in the past have held elections in interim periods. Speaking to The Morning, PAFFREL Executive Director Rohana Hettiarachchi queried yesterday as to why Puncihewa cannot hold elections if former EC Chairmen Dayananda Dissanayake and Mahinda Deshapriya had held major elections in the past during an interim period.

“A similar situation occurred under the 17th Amendment to the Constitution in 2001, and at that time, the EC Chairman was empowered to carry out the relevant activities until the EC was appointed. Accordingly, Dissanayake conducted two Parliamentary elections, two Presidential elections, and several Provincial Council (PC) and LG elections under this interim situation. Due to this reason, Dissanayake could not retire, and even though he filed a petition in the Supreme Court for his retirement, the court did not allow him to do so, and instead emphasised that he must fulfill his duties until the EC is appointed,” he added.

“Under the 18th Amendment to the Constitution that passed in 2010, the EC was not appointed, and under the interim arrangements, Deshapriya conducted a Presidential election, several PC elections and LG polls. Similarly, he held Parliamentary elections under the 19th Amendment to the Constitution in 2019,” he noted.

Hettiarachchi urged that the EC should declare the LG poll by the first week of December since all the obstacles pointed out by the EC would no longer be applicable. “We also believe that under the interim period, the EC is already carrying out many matters such as the recognition of political parties, the preparation of voter lists, and the counting of MPs. Therefore, it is surprising that the EC, which has such experience, is seeking the opinion of the AG at this time, as it appears that there are no other obstacles, and since the revision process of the voter list, the preparation of the additional list for the youth, and correspondingly, the voters to the polling stations, would be completed by the end of November,” he added.

Hettiarachchi noted that PAFFREL had written to the EC highlighting the above facts and issues.

However, Punchihewa told The Morning in an earlier occasion that a declaration regarding the date of the LG election will be made by early next year (2023) by the EC. He noted: “Our expectation is to hold the LG election before 20 March 2023.”