The presidential elections cannot be postponed

A petition filed by a lawyer has been rejected, while the government itself fears an alleged regulatory inconsistency in agreeing to a one-year extension. The Electoral Commission complains that it has not yet received all the funds needed for the vote, which must take place before 16 October. Civil society: “Let these manoeuvres end and the date of the elections be set.”

Colombo () – Confusion over election deadlines continues to dominate the scene in Sri Lanka. The Supreme Court yesterday dismissed a petition for rights filed by lawyer Aruna Laksiri, who sought an order to prevent the holding of the presidential elections, arguing that the 19th Amendment to the Constitution would not be properly approved by Parliament. The verdict came after the Council of Ministers approved in recent days a resolution presented by President Ranil Wickremasinghe himself, calling for the amendment of Article 83 (b) of the Constitution with a draft amendment to correct an alleged inconsistency regarding the president’s term of office, opening the possibility of an extension from five to six years.

The election of the previous president, Gotabaya Rajapaksa, who was deposed by street riots in the summer of 2022 and replaced without elections by Wickremesinghe, took place in 2019. According to the current constitution, presidential elections are therefore to be held between 17 September and 16 October 2024, and parliamentary elections in August 2025. However, following the current manoeuvres, many civil society representatives, political analysts and citizens – recalling that elections have been repeatedly postponed in recent years – are wondering whether this will not also be the fate of the presidential elections.

In 2023, Wickremesinghe postponed local elections due to lack of funds, a decision that caused controversy and raised questions about the government’s commitment to democratic processes. Also in 2017, during his tenure as prime minister, Wickremesinghe had led an initiative to postpone provincial council elections. The Electoral Commission was also criticised for its alleged failure to set a date for presidential elections, although on 9 May it had confirmed that they would be held as planned.

In this delicate situation, lawyers Shirantha Vithanage and Nimalka Gamage remind that “the Commissioner General for Elections, Saman Sri Ratnayake, has declared that the presidential elections are the only ones for which the Constitution sets a timetable and that they cannot therefore be postponed.” Gotabaya Rajapaksa was sworn in as president on 18 November 2019. The Constitution therefore stipulates that the next presidential elections must be held between September and October. And even if the President dissolves Parliament in the first week of September, the Commission has the option of holding the general and presidential elections close to each other.”

However, Commissioner Ratnayake complains that he has asked for Rs 20 billion to organise the presidential and local or provincial elections: “We have only received Rs 10 billion,” he explains, “if the Government decides to hold the local or provincial elections, the Treasury will have to provide us with the necessary funds.”

“We call on the government to put an end to these manoeuvres,” Sunil Watagala, a lawyer, told . With its ruling, the Supreme Court underlines that the presidential elections, guaranteed by the Constitution, cannot be prevented. We are grateful that this confusing situation has been clarified, and now we can move on to setting the date for the elections.”

(with the collaboration of Melani Manel Perera)

Photo: Flickr / World Economic Forum