In a complaint to the Elections Commission of Sri Lanka, CMEV has raised a serious concern about two candidates nominated by two different political parties each for the same local government authorities.
Mr. Saman Sri Rathnayaka
Commissioner General of Elections,
Elections Secretariat,
Sarana Mawatha, Rajagiriya
Dear Mr. Rathnayaka,
Local Government Authorities Election 2025: Two Candidates with Nominations from Two Parties for the Same Local Government Authority
CMEV wishes to bring to your notice an urgent issue which needs to be resolved before the polls begin on 06 May 2025. CMEV has received complaints that the following two candidates have successfully obtained nominations from two political parties each, thereby violating basic election law and defrauding the voters of this country.
Since illegal practices such as this tend to make a mockery of the democratic process, CMEV believes that the Election Commission of Sri Lanka needs to take clear and strong steps to prevent these candidates from seeking election from two political parties at the same election. To only respond if the candidates are successful in the election is to ignore the problem entirely.
CMEV believes that over-riding other regulations and legal constraints, the ECSL is fundamentally bound by the Constitution of Sri Lanka, which under Chapter XIVA “Election Commission” Section 103 (2) clearly and unambiguously states “The object of the Commission shall be to conduct free and fair elections and Referenda”. Such violations clearly do not facilitate a fair election. Therefore, to permit this gross injustice to continue unchecked is to violate Section 103 (2) of the Constitution. Hence, it is entirely within the purview of the ECSL to intervene and prevent the travesty and fraud perpetrated by these candidates and the parties that they claim to represent.
If nothing were to be done even at this late stage, the ECSL will inevitably become part of the problem in misleading voters in the Yatiyanthota and Thunukkai Pradeshiya Sabhas. In addition, the overall message will be larger and more heinous. The fact that the deliberate duplication on the part of the two candidates was not identified at the time nomination papers were received is an understandable human error. However, once it has been pointed out, to do nothing to remedy this error before the election is held cannot be justified either in terms of the letter or the spirit of the law, and this goes against the role and function of the Election Commission of Sri Lanka.
The present Commission has distinguished itself thus far as committed to upholding the highest principles of impartiality in safeguarding voter rights and freedoms through enforcing the law with vigour and courage. Let it not mar this image that we all look up to through inaction and on such a clear and important issue that will create – positively or negatively – a binding precedent for the future. If strong action were to be taken to prevent impunity and to send a clear message to candidates, parties and the general public, there will be no single citizen or organisation or court of law that will oppose or contest such a decision, In fact, such action will significantly enhance the credibility and respect of the ECSL, while renewing our faith in the system’s ability to uphold
democratic norms over bureaucratic impediments.
Thank you.
Sincerely,
Prof. Arjuna Parakrama
Chief Operations Officer
Centre for Monitoring Election Violence (CMEV)