- Declares postponement by Election Officials and President in his capacity as Finance Minister violated voters’ Fundamental Rights
- Case marks second instance where a sitting President has been found to have violated fundamental rights of people
- Court says justifications such as lack of funds do not override fundamental rights of the electorate
The Supreme Court yesterday ruled that the postponement of the local Government elections, initially scheduled for 9 March 2023 has violated the fundamental rights of voters, marking a significant judgement against the actions of the Election Commission and other officials involved including President Ranil Wickremesinghe. The court accordingly ordered the immediate rescheduling of the elections. The decision came after the court reviewed petitions filed by the Samagi Jana Balawegaya (SJB), the National People’s Power (NPP), the Centre for Policy Alternatives (CPA), and the People’s Action for Free & Fair Elections (PAFFREL).
The petitions argued that the failure to hold the elections as scheduled infringed upon the basic rights of citizens. The petitioners were represented by President’s Counsels Upul Jayasuriya, Nigel Hatch, and Viran Corea, among others.
A five-member bench, comprising Chief Justice Jayantha Jayasuriya, Vijith Malalgoda, Murdu Fernando, Gamini Amarasekara, and Yasantha Kodagoda, delivered the ruling. The court found that both the Election Commission and the President, in his capacity as the Minister of Finance, were responsible for violating voters’ rights by postponing the elections.
This verdict marks the second time a sitting president in Sri Lanka has been found to have violated the fundamental rights of the country’s people. The first instance was in 2018, when former President Maithripala Sirisena was found to have violated the fundamental rights of the people by appointing Mahinda Rajapaksa as Prime Minister, displacing Ranil Wickremesinghe.
The local Government elections were initially postponed from 9 March to April 2023 before being postponed indefinitely with the Government citing a lack of funds due to the economic recovery process. However, yesterday’s Supreme Court ruling emphasised that such justifications did not override the fundamental rights of the electorate. The Supreme Court’s final verdict was delivered yesterday after concluding the hearings on 6 June.
- Says a Govt. that disregards the law is not just incompetent, but it is also dangerous
- Presents IGP appointment, VFS visa scheme among others as significant warnings of Govt. overreach
- Stresses a Govt. that fails to uphold the law threatens the structures that ensure national stability
Following the Supreme Court’s ruling on the postponement of Local Government elections, Opposition leader and Samagi Jana Balawegaya (SJB) Presidential candidate Sajith Premadasa issued a strong message on X.
Premadasa criticised the Government, stating, “A Government that disregards the law is not just incompetent; it is dangerous.” He pointed to recent Supreme Court decisions, including those against the Inspector General of Police appointment, the VFS visa selection, and the violation of fundamental rights due to the election postponement, as significant warnings of Governmental overreach.
Premadasa emphasised the importance of upholding the law, arguing that a Government that fails in this regard threatens the very structures that ensure national stability. “We must act now before this lawlessness undermines our economy, our security, and our future. This is a fight worth fighting,” he said.