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(Lanka-e-News-08.March.2014, 11.30Pm) At about the same time as the Elections Commissioner announced that he cannot do anything in regard to election violations committed by government officers appointed by the President , the additional Commissioner of elections , U. Amaradasa revealed a diametrically opposite view that government servants cannot participate in politics in transgression of the establishment code which applies to the government servants commensurate with their status. Amaradasa had expressly and explicitly stated this in writing in his reply to the written inquiry made by the UNP candidate Diana Gamage addressed to the elections commissioner. In her letter Diana had asked whether government servants can participate in election campaigns in support of candidates at provincial council elections and if not , what are the privileges and laws that apply to them.
In his reply to Diana Gamage , U Amaradasa had stated as follows :
As regards the political rights and eligibility of government servants , under provision 32 of the establishment code if during an election , a government servant uses his official powers or assets, movable or immovable in a manner that would favor or disfavor a political candidate or political party , the elections commissioner is empowered to prohibit such action under section 104 (b) of the 17th amendment to the constitution .
Based on Amaradasa’s declaration , according to section 104 (b), the elections commissioner shall abide by that order , and it is the duty of every officer and those responsible to carry out the order. Hence , that provision does not say , an officer appointed by the President or Executive is exempt from this. In the circumstances , the announcement made by the elections commissioner is an absolute falsehood.
Both Gotabaya and Mahinda Deshapriya have been appointed by the Executive President to the posts of Ministry secretary and Elections commissioner respectively. In the case of the elections commissioner , his powers are clearly defined in the constitution ,and is bound to follow and safeguard the constitution. Holding fair and free elections is under his purview , and the constitution has given him powers to ensure that. Hence , if he is saying he has no such powers , he is intentionally duping the people wholesale .
In other words , the announcement made by the elections commissioner yesterday before the political party secretaries , and that stated by the additional elections commissioner of elections in his written reply are absolutely contradictory. Amaradasa’s reply is appended herein.
No matter what , it is crystal clear from all what has been said and done , Gammanpila had overtly and outrageously violated election laws. Therefore even if he wins elections , his victory is null and void. Similarly the election victory of another candidate for Colombo , Roger Seneviratne too will be void because he was meted out punishment by courts during his candidature for the elections : an individual who had been punished by court is not eligible to seek elections.
