Following the proclamation by the President a week ago to hold general elections dissolving Parliament as a solution to the current political instability, the National Election Commission is once again in the spotlight. The Supreme Court (SC) temporarily suspended the dissolution of Parliament and holding of elections, after several political parties led by the UNF and the JVP filed petitions against the decision of the President.
Meanwhile, one of the three Commissioners of the National Election Commission, Prof.Ratnajeevan Hoole too joined civil society to petition the SC against the dissolution.
The Sunday Observer interviewed the Chairman of the Election Commission, Mahinda Deshapriya on the current state of affairs and what could happen if the quorum of the Commission is broken during an election phase.
Being cautious due to legal implications, the Chairman answered only questions that he said will not interfere with the case before court.
Excerpts of the interview:
SO: Is there a precedent to the current situation where Parliament was dissolved and a general election called soon after a new government was sworn in?
MD: I am sorry. I would like to refrain from discussing anything related to dissolution of Parliament and the present situation because now this matter is in the hands of the Supreme Court. Everything in relation to this will be decided on by the Supreme Court. We’ll wait and see.
SO: If Parliament was dissolved by the President, what would the Election Commission do ?
MD: There is nothing special about Parliamentary Elections. Generally, after a proclamation, the Election Commission has to do quite a lot of preliminary work related to accepting nominations, gazette the returning officers, gazette the place and the period of accepting nominations, the number of candidates and the deposits to be paid by the candidates and the political parties. The Commission also has to prepare electoral registers, exhibition for the postal votes and handle postal vote applications, carry out field visits to confirm the polling stations, collect data and statistics of public officers who are to be engaged in election duties, make a census of the vehicles owned by the state, carry out discussions with the political parties, media and security forces, give instructions to the Returning Officers, District Election Officers, issuance of circulars, media guidelines and codes of conduct, publishing of the symbols gazette, commence preparation and publication of forms and books of instruction from the Government Printer. All these have to be done in the first week of the Proclamation.
SO: Do you think the deposits are enough?
MD: For the Local Authority Elections the deposit amounts to be made have been revised. From a candidate of a Political Party it is Rs,1,500/ but for an Independent Candidate it is Rs.5,000/. For the Parliamentary Elections, Provincial Councils Elections and the Presidential Elections the deposits have not been increased.
We think it must be increased to - Political Party Candidate Rs.25,000/ and for an Independent Candidate Rs.50,000/. This is my personal opinion. We can return the deposits if they could obtain a certain percentage of votes such as 3-5%.
For the Presidential Election, Political Party deposits are Rs.50,000/ and deposits from an Independent Candidate is Rs.75,000/. These Independent Candidates must represent Parliament. My opinion is that these deposits also must be increased by 10-20 times. These changes could be done through Parliament only.
SO: How many members are there in the present Election Commission and what is the quorum? What is the procedure to fill a vacancy in the Commission?
MD: Under the 17th Amendment to the Constitution, the Election Commission had five members and the quorum to hold meetings was three members, under the 18th Amendment the number of members was slashed to three but the ‘quorum’ remained the same.
In the 19th Amendment there weren’t any changes in relation to the number in the quorum. Therefore, all three members of the Election Commission must be present to have a meeting.
When a member of the Commission is away physically, we use Skype to communicate.
During an election if one member was indisposed an alternative must be found to have the quorum. New appointments could be made only through the Constitutional Council. Even though Parliament stands dissolved, the Constitutional Council functions. But to fill a vacancy in the Commission, it takes at least one week.
SO: Some say there are differences of opinion within the Commission, is that true?
MD: We have differences of opinion on various matters, that is democracy, we are three different individuals, we can’t be having the same opinion over different things. We give due respect for everyone’s views.
If there is a need for one opinion, why is there a three member Commission? We always try to discuss and get at unanimous decisions, there are only less than three occasions during the last three years that we couldn’t reach a unanimous decision. According to the Constitution, if there is a difference of opinion, the majority decision is considered.
SO: Can the Election Commission delegate the powers to the staff of the Election Commission?
MD: Yes, according to the Constitution, the Election Commission can delegate its powers and duties to the Commissioner General of Elections or any other officer who works in the Commission under the direct supervision and guidance of the Commission. They are expected to carry out the orders and instructions of the Commission.
SO: Cabinet has decided this week to provide legal provisions to hold PC elections under the old system?
MD: Before this we had already discussed this matter with all the political party leaders, general secretaries and permanent representatives. Since, we have no report revising Dr.Thavalingam’s Delimitation Report as required by the new Provincial Councils Elections Act No 17 of 2017, the election cannot be held under the new system.
The five-member Delimitation Review Committee appointed by the Speaker did not come up with a final report.
In this back drop, there is the option to revert to the old system, for that Parliament must pass the necessary legal provisions postponing the date on which the new system comes into effect.
I am of the opinion that the political parties representing Parliament have agreed to hold it under the old system.
I must reiterate, bureaucratic governance is worse than dictatorship, therefore, PC elections must be held soon.
If Parliament is not going to solve it, someone has to seek relief from the Supreme Court.
SO: How soon can you hold the Provincial Council elections ?
MD: If all the requirements are met we would require only seven to eight weeks to conduct the PC polls.
SO: There was a discussion to change the Parliamentary Election System.What is the present situation?
MD: The electoral system for the Parliamentary General Election has not been changed so far.
The changes to the general election were proposed in June 2015 under the 20th Amendment but nothing has been done so far to make the necessary laws by the legislature.
SO: There is a proposal to hold a referendum to test the people’s will and holding of early elections. Are you ready for such an eventuality?
MD: Within the next two years, we must hold three elections namely, Provincial Councils Elections, Presidential Elections and Parliamentary General Elections. We do not know which one will be held first.
Each election is a task for us. Referendum is the easiest election and 45 days is enough to conduct it. For the Referendum, no nominations are required, only the Proclamation is needed.
SO: How much does a referendum cost the state as against a general election?
MD: We need Rs.350 million - Rs.400 million for a referendum and Rs.450 - 500 million to conduct a general election.