Speaker Mahinda Yapa Abeywardena detailed the Constitutional process to appoint a new President following the announcement of the resignation of Gotabaya Rajapaksa as President yesterday morning (15).
Accordingly, Parliament is scheduled to convene today (16).
Meanwhile, the Parliament Media Division issued a media release on the procedure for election of a President following the vacation of the office of President (In terms of Presidential Elections (Special Provisions) Act No. 2 of 1981.)
Accordingly, it states that, “Where the office of President becomes vacant in terms of paragraph (1) of Article 38 of the Constitution, as provided by Article 40 of the Constitution, Parliament shall elect as President one of its members who is qualified to be elected to the office of President, to hold office for the unexpired period of the term of office of the President vacating office.”
This election is held in accordance with the provisions of the Presidential Elections (Special Provisions) Act No. 2 of 1981.
The process of electing a new President will be led by the Secretary General of Parliament and the Speaker also has a vote in this election. Also for this process the Parliament will meet for 3 days.
The statement notes that the election shall be held as soon as possible after, and in no case later than one month from, the date the post fell vacant.
When Parliament meets today (16), the Secretary-General will inform Parliament that a vacancy in the office of President has occurred. He shall fix a date and time at which nominations shall be received by him being a date not earlier than forty-eight hours and not later than seven days from the date of such a meeting.
Parliament shall meet and the Secretary-General shall act as the returning officer. Also, the MP proposed for candidacy must be present in Parliament on that day.
If only one candidate is proposed and seconded the office of President he shall be declared by the Secretary General. However, if more than one member is proposed and seconded, Parliament will fix a date and time for the election. That date should not be later than forty-eight hours from the time of receiving nominations.
In the vote, if any candidate receives more than half of the valid votes, the returning officer shall forthwith declare such candidate elected to the office of President.
However, if no candidate has received such a majority, the Returning Officer will eliminate from the contest the candidate who has received the lowest number of votes, and the second preference of each member will be counted and a victor would be elected.
In the event there is a tie between two candidates the determination shall be made by the Returning Officer by drawing lots.