LEGAL VALIDITY OF GAZETTE NOTIFICATION CALLING FOR LOCAL GOVERNMENT ELECTIONS
Posted on November 2nd, 2017

By M D P DISSANAYAKE

There are news reports that the Gazette Notification regarding the arrangements for conducting the long awaited Local Government Elections is to be published very soon.   This is welcoming news, even though the number of members of the local governments have increased by an astronomical 3870 members.   This will allow the manipulative politics to rule the local governments as well.

However, the passage of the new Bill by Parliament  2/3 rd majority has been challenged in the Supreme Court.  If the Court gives its seal of approval for the controversial Bill, then  the  elections will most likely take place.   But if the Bill is declared null and void by the Supreme Court, the gazette notification  calling for the elections may also be unenforceable.

In that event, the Local Governments status could remain as dissolved with the alternative pathway to hold elections under the previously existed boundaries and conditions.

Will the Commissioner of Elections delay the issuance of the Gazette Notification until such time the Supreme Court decision is handed down? Or can a private citizen petition to the Supreme Court seeking a restraining order for the enforcement Gazette Notification and conducting elections pending SC determinations.  If  the Election Commission delay issuance, the Government will pass the blame on the EC for the time being.

But if EC act, as it is reported to issue the Gazette, will the Election Commissioner’s decision become sub-judice” ?

Leave a Reply

You must be logged in to post a comment.

 

 


Copyright © 2018 LankaWeb.com. All Rights Reserved. Powered by Wordpress