SC defers hearing of petition seeking to postpone Local Govt polls
The Supreme Court has deferred the hearing of the Writ Petition filed by retired Army Colonel W.M.R. Wijesundara seeking a court order to postpone the 2023 Local Government Election until March 11.
The postponement was made to give the petitioning parties an opportunity to study and present their facts concerning an affidavit submitted by the Secretary to the Treasury explaining the current financial situation, in relation to the petition filed.
These petitions were called before a Supreme Court Bench consisting of Justices S. Thurairaja, A.H.M.D. Nawaz and Shiran Gunaratne. On this occasion, the Additional Solicitor General Nerin Pulle, who represented the Attorney General and the Secretary to the Ministry of Finance, stated that the Treasury Secretary had submitted an affidavit explaining the government’s financial situation.
He mentioned that the Ministry of Finance has provided the basic funds necessary for the holding of the Local Government elections to the Election Commission and initially Rs. 30 million and then Rs.70 million were given.
He also mentioned that Rs.25 million have been given to the Sri Lanka Police and Rs. 40 million to the Government Press.
The Additional Solicitor General stated that he has been advised that according to the current situation, it is not possible to provide any more money for the Local Government election apart from this.
President’s Counsel Saliya Peiris, who appeared for the Election Commission stated that he received this motion yesterday (23) and that it can be studied and submitted in a very short time. Then, the Chairman of the Bench Justice S. Thurairaja said that the Court is of the opinion that every election should be held with equal importance.
However, he said that there are only minimum opportunities for the Court to intervene in the financial issues that arise.
Attorney-at-Law Vijith Singh who appeared for the intervening petitioner, the PAFFREL Organization, stated that if there is no money to hold an election, the money can be collected from the people. The Bench finding fault with that statement, pointed out that the people are under severe economic pressure at this time.
He pointed out that it is not justified to collect money from such oppressed people for an election. The current economic situation in the country is good. Judge A.H.M.D Nawaz questioning the Additional Solicitor General asked when the financial situation would improve in the country under the prevailing economic conditions.
He said that he could only present facts based on the advice he had received and that he could not make a specific statement in that regard and that he would have to obtain further instructions regarding it.
Then Supreme Court Judge Justice A. H. M. D. Nawaz asked President’s Counsel Saliya Peiris how much money is needed to hold an election.